Auto Accidents

Hit and Run Driver Responsible for Fatal Lawrenceville Crash Receives 40 Year Prison Sentence

August 19, 2010 | Benjamin S. Persons, IV

Hit and run driver, Cody Rhoden, pled guilty to 4 counts of vehicular homicide in Gwinnett County this week. Following his plea, the judge sentenced him to 40 years in prison with an additional 30 years of probation. According to prosecutors, Mr. Rhoden caused one of the deadliest car crashes in Gwinnett County history killing 4 people and seriously injuring several others.

According to witness statements, he was zooming through traffic at speeds exceeding 100 miles per hour and had consumed up to five 16 oz beers at an Atlanta Braves game prior to driving home that night. Police say he ditched his Acura after the collision and turned himself in the following day.

The damage this man caused with his reckless driving is truly unimaginable. One of the crash survivors, Latavius Finley, testified at the plea hearing “I’m lost. My first born died in my arms. My fiancee died in my arms. My little brother died after responding to me on the highway. My life has not been the same.” Although nothing can mend the harms suffered by the grieving families, hopefully Mr. Rhoden’s conviction can help bring closure to the victims’ families.

Judge Frees Man Serving 8 Years in Prison for Fatal Toyota Acceleration Crash

August 8, 2010 | Benjamin S. Persons, IV

Today, the words unintended acceleration and Toyota go together like peanut butter and jelly, but in 2007 unintended acceleration was a foreign concept to most people. 2007 was the year Koua Fong Lee was sentenced to eight years in prison after his Toyota Camry accelerated without warning and crashed into two cars killing three people. Mr. Lee was on his way home from church with his pregnant wife, father, daughter, brother and niece when the acceleration incident occurred. Mr. Lee always maintained his Toyota accelerated without warning and would not stop even though he was pushing the brake. Toyota denied there was a problem, no one believed Mr. Lee, and he was convicted of vehicular homicide.

Two and half years in prison and 8 million recalled Toyota’s later, Mr. Lee is a free man. Last week a Minnesota judge ordered a new trial and the prosecutor dropped the charges. The civil case against Toyota for causing multiple deaths in that fatal crash remains pending.

Free Thumb Socks! New Campaign to Stop Texting & Driving

August 1, 2010 | Benjamin S. Persons, IV

I just finished up a case where a violent head on collision was caused by a texting teen. In my case, luckily no one was killed, but texting and driving is a huge problem that is killing American teens. Do Something.org’s Thumb Wars is a national campaign to help educate drivers on the dangers of texting and driving. Check out the site, they have free thumb socks! What are thumb socks you ask? Watch the video.

In the video above Ken Jeong (Community, The Hangover) and Joel McHale (Community, The Soup) share the sobering fact that car accidents are the leading cause of teen deaths in the U.S., while demonstrating how difficult it is to text when your thumbs are wearing socks.

In an attempt to fix this huge problem, the State of Georgia recently passed a law banning texting while driving. So who knows, if fear of a big traffic ticket doesn’t stop the problem, maybe thumb socks will.

Georgia Car Accident Lawyer Answers Frequently Asked Diminished Value Questions

July 28, 2010 | Benjamin S. Persons, IV

Most people know how collision and liability property damage claims work following a car accident. However, from my experience as a Car Accident Lawyer, most people are confused when it comes to diminished value claims. Over the years, I’ve been asked so many questions about diminished value, I thought it would be helpful to put together this brief guide.

1. What is diminished value?

Simply put, it is the value a vehicle loses as a result of being in a collision. No matter how good the repairs, a wrecked car is never going to be worth as much as a similar car that has never been in an accident. Think about it this way, you are looking for a used car, and the dealership shows you two gorgeous identical cars listed at the same price. The only difference, the Carfax reports show one of the two cars was once involved in a car accident at some point. Which car would you buy?

A recent consumer survey indicated 55% of potential buyers would never buy a vehicle with a prior accident history. Additionally, those surveyed that indicated they would buy a wrecked vehicle said they would have to be given a large discount to make the purchase. In many instances, not only should the insurance company pay to repair your vehicle but they should also pay you for your vehicle’s diminished value. Valid claims should always be pursued. In many cases, I’ve seen diminished value claims worth several thousand dollars.

2. Has my vehicle suffered diminished value?

The short answer is that depends. If before the accident your vehicle was relatively new, in good condition, with no significant prior accident history, with significant current property damage then you certainly have a diminished value claim. The value of the claim will vary based on numerous factors. For example, $5,000 in repairs for collision damage will have a larger impact on the value of your car than $5,000 in repairs to paint over cosmetic damage. Along those same lines, if your vehicle already had a significant accident history, suffered minimal accident damage, then your claim will probably have little or no value. Most lawyers offer free consultations. If the insurance company is making you a diminished value offer that seems too low, it might be a good idea to contact a lawyer for a free consultation.

Crime Stoppers Tip Leads to Capture in Fatal Hit and Run Incident

July 27, 2010 | Benjamin S. Persons, IV

Atlanta has seen a flood of wrongful death and catastrophic injuries caused by hit and run drivers this summer. Numerous metro area police departments are pursuing active hit and run investigations. This week DeKalb county caught the man believed to be responsible for the fatal hit and run collision on Flat Shoals road June 12, 2010. The man charged with vehicular homicide is a Cobb County school administrator and WSBTV has the full story.

According to police investigators, a Crime Stoppers tip led to the accused’s arrest in this case. It is good to see the victim’s family get justice thanks to programs like Crime Stoppers. The program works. If you have information about a hit and run incident or other crime you can call Crime Stoppers at (404) 577-TIPS, (404) 577-8477.

Sandy Springs Police Looking for Car Involved in Deadly Hit and Run

July 26, 2010 | Benjamin S. Persons, IV

Today, a Lexus LS 460, like the vehicle pictured to the left, struck and killed a pedestrian walking next to Roswell Road. According to the Sandy Springs Police the Lexus left the road, struck a man walking on the sidewalk, and immediately left the scene.

We have seen a rash of horrific hit and run incidents in Atlanta this summer. One report after another of cowards with complete disregard for human life leaving the scene of accidents hoping to avoid traffic citations. Hopefully, they will catch this one. The Police believe the Lexus was black or gray in color and likely has damage to the right front fender and right headlight.

If you know anything about this incident or see a Lexus LS 460 with similar damage call the Sandy Springs Police Department at 770-551-6900

Victim Seriously Injured in Cobb County Hit and Run Collision

July 25, 2010 | Benjamin S. Persons, IV

Smyrna Police are looking for the driver of a 2001 or 2002 white Chevrolet Camaro involved in a hit and run incident, Saturday night, July 17th. According to the police investigation, the Camaro struck a parked car and while attempting to flee the scene struck a young woman causing serious injuries. The 17 year old woman was taken to Grady for treatment and according to a recent Marietta Daily Journal report is still in intensive care.

It is appalling a young woman is in intensive care because the Camaro’s driver did not want to take responsibility for causing a simple traffic accident. Smyrna Police believe the left front quarter panel and driver’s side door of the white Camaro are damaged and the car is likely missing the driver’s side mirror. If you have any information about this incident call the Smyrna Police at (770) 434-6666 or (770) 434-9481

Motorcyclist’s Fatal Crash in Downtown Atlanta Caused by Suspected Drunk Driver

May 28, 2010 | Benjamin S. Persons, IV

Today, in the early morning hours, a fatal motorcycle crash occurred on I-75 northbound near the 17th street overpass. According to investigating officers, the motorcyclist was ejected and killed during the collision when his motorcycle was rear-ended by an SUV. The driver of the SUV was arrested and charged with vehicular homicide, reckless driving and DUI.

Our prayers go out to the family of the DUI victim and the driver that caused his death. There are going to be a lot of vehicles on the road this Memorial day weekend. More than 28 million Americans are going to be traveling our streets and highways this weekend. It is important to remember motorcycles are everywhere, look twice and share the road.

As a DUI victim’s lawyer, I urge everyone to have a good time this holiday weekend, but when it comes time to drive home call someone like Saferide America at 404-888-0887. SafeRide America is a non-profit organization that will drive you and your car home for less than the price of a taxi.

7 Rules to Keep Teen Drivers Safe

May 11, 2010 | Benjamin S. Persons, IV

School is out for the summer and teen drivers are spending more time behind the wheel. Recent studies indicate teen drivers engage in more risky in-vehicle behavior during the summer months, which likely accounts for the increased number of fatal car wrecks during the summer. According to the NHTSA, car crashes are the leading cause of death for young people between the ages of 15 and 19 years old. It is important for parents to set safe driving rules and pay attention to their teenager’s activities. As a Georgia personal injury lawyer that has seen too many tragic collisions, here are seven basic rules:

1. Never send text messages or talk on a cell phone while driving. Talking on a cell phone while driving distracts the brain and reduces your reaction time. Using a cell phone while driving increases the risk of a crash twice as much as driving drunk.

2. Always buckle up. Approximately two thirds of teen drivers killed in automobile collisions were not wearing seatbelts.

Video – Deadly Collision Caused by Texting Driver

May 3, 2010 | Benjamin S. Persons, IV

Texting while driving, is known by prosecutors and personal injury lawyers as the new DUI/DWI. Georgia will soon become one of the 20 states that bans texting while driving. With legislation and driver education we can hopefully prevent fatal collisions like what occurred in the video above.