Articles Posted in Auto Accidents

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Cobb State Court.jpgAs a Marietta Trucking Lawyer, I’m always interested in significant Cobb County trials involving tractor trailer collisions. On Thursday I watched closing arguments in the case of Theresa Foster v. Landstar Ranger, Inc. et al. The case was filed by a Blakely, Georgia woman seeking to hold a Florida trucking company accountable for a 2007 collision that killed her husband, William Foster, killed a friend, Jay Demont, and caused her serious personal injuries. The evidence presented by the widow’s lawyers was compelling. As I left the Courthouse that evening, I felt fairly confident the jury would return a large eight figure verdict, but then you never know. On Friday the jury reached a verdict, awarding $40 million to Mrs. Foster, thought to be a record in a Georgia wrongful death case.
The driver of the Landstar 18-wheeler, Stephen Collins, ran a stop sign and collided with the Foster’s vehicle on February 11, 2007 while they were on a hunting trip in the southwest Georgia town of Blakely. Mrs. Foster’s lawyers presented evidence that Mr. Collins ignored 10 indications that he was approaching a stop sign, including rumble strips, lights, and signs. At the time of the accident, Collins was transporting a cargo of rubber pellets that caused the weight of his 18-wheeler to be over 77,000 pounds when it crashed into Mr. Foster’s 2002 Ford F-150. Both Foster and Demott were riding in the front seat of the truck, while Mrs. Foster who suffered broken ribs and a fractured vertebra was the lone back seat passenger.

In Georgia, if a trucking company kills someone, they are responsible for the value of that person’s life as well as the lost earning capacity of that person. Mr. Foster was a large wage earner and a successful businessman. Mrs. Foster’s lawyers presented a thorough economic analysis, supported by testimony of expert economists, accountants, and Mr. Foster’s business partners, that Mr. Foster’s lost earning capacity exceeded $43 million dollars. Landstar’s lawyers argued that the number was too high, but failed to present any evidence supporting a different number. From my point of view, it appeared the defense strategy was to sit back and rely on the reputation of Cobb County juries to deliver low verdicts.

At Church on Sunday I was asked a good question. “If a Florida corporation killed a Blakely, Georgia man in Blakely, why did the case get tried in Cobb County?” The answer surprised them, in Georgia cases are tried where the Defendant lives. Corporations “live” wherever they choose to have a registered agent. Ironically, Landstar Ranger, Inc. choose to set up their registered agent in Cobb County, because of our County’s reputation for very low verdicts. They figured if they ever killed anyone with a tractor-trailer they would get to pay less if the case was tried in Cobb County. However, from my experience as a Cobb County Personal Injury Lawyer, this perception is outdated. More often than not, Cobb County juries do the right thing and reach verdicts based on the evidence, whether that means a large or small verdict.

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SealGA.jpgThe Georgia Supreme Court in Flores et al. v. Exprezit! Stores 98-Georgia, LLC, ruled last week that a convenience store can be sued if it sells alcohol to a visibly intoxicated person who subsequently injures others. The original suit involved a Clinch County convenience store that sold a twelve pack of beer to a visibly intoxicated man, Billy Joe Grundell. About four hours after the purchase, Grundell’s vehicle crossed the center lane of a highway and collided with a van head-on in an accident that took his life as well as five others, including children who were six and three months old. At the time of the accident Grundell’s blood alcohol level was twice the legal limit.

The decision revolved around the interpretation of Georgia’s “Dram Shop Act,” which provides that a person who sells, furnishes, or serves alcohol to an intoxicated person of lawful drinking age shall not be liable for injury, death, or damage that person causes because of their intoxication. However, the act also states that a person who knowingly sells alcohol to a noticeably intoxicated person when they know that person will soon be driving may become liable.

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child_safety_seat_check.jpgAs of July 1, 2011 any child who has not reached the age of 8 must be restrained in a car or booster seat while riding in any vehicle. In addition, the car seats must be in the back seat, and the seats must be designed for the proper age, weight, and height of the child, as well as meet all U.S. Federal Guidelines.

Motor vehicle accidents are the leading cause of death from children 3 to 14 years old, but when they are properly restrained it greatly reduces the risk of injury against everything from sudden stops to head-on collisions. Children who do not use child passenger seats are three times more likely to be injured than those who are using them. It is also very important to use child seats properly per the manufacturing guidelines as research shows that nearly 75 percent of child safety seats are not properly installed.

The Georgia Office for Highway Safety director Harris Blackwood, calls this new law, “a landmark in child safety.” Blackwood feels that the new law greatly improves the overall safety of 6 and 7 year olds riding in cars in Georgia.

The new law will apply to passenger vehicles, vans, and pickup trucks. It will be a few months before law enforcement will fully enact the law, but the first violation of the car seat law will result in a $50.00 fine, while second and subsequent convictions will result in $100 fines. The first conviction will add one point to a driver’s license, and the second and subsequent violations will add two points. Repeat offenders may also face losing their license all together.

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NAIC.jpgThe National Association of Insurance Commissioners’ eighteen month investigation of Allstate’s claims handling practices ended this month with Allstate agreeing to pay a $10 million dollar settlement. The primary focus of the investigation and settlement relates to Allstate’s use of a claims handling software called Colossus. Allstate has agreed to make several changes to it’s claims handling policies. However as a injury claim lawyer, I still advise caution when dealing with giant insurance companies like Allstate.

Their are many types of insurance claims where hiring a lawyer is typically not necessary, such as clear liability property damage claims. When dealing with a company like Allstate, whether you hire a lawyer or not, it’s always a good idea to at least consult with a lawyer. Most personal injury lawyers provide free consultations and information gathered from a lawyer consultation can be an invaluable resource for determining whether you are being treated fairly by an insurance company.

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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.

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toyotacrash06.jpgToday, 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.

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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.

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carcrash.jpgMost 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.

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crime stoppers.jpgAtlanta 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.

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lexus.jpgToday, 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

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