DUI Victims

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.

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.

Paralyzed DUI Victim Awarded $18.5 Million Verdict

February 18, 2010 | Benjamin S. Persons, IV

Yesterday, a Clear Creek District Court awarded an $18.5 million dollar verdict to an Idaho Springs man for the catastrophic personal injuries he suffered in a automobile collision with a drunken driver. On the date of the accident, Paul Savage was at his home in his driveway changing the oil in his car when he was crushed by a jeep owned by Justin Guy and driven by Kevin Ruszkowski. Mr. Ruszkowski and Mr. Guy had been driving on mountain roads after a day of drinking and smoking marijuana. Mr. Savage is confined to a wheelchair due to his paralysis and incurred $4.3 million dollars in medical bills and is expected to have another $4.9 million dollars in future medical bills.

Included in the verdict was an assessment for punitive damages against Ruszkowski, which were assessed for “driving the Jeep while drinking and smoking marijuana and for fleeing the scene of a collision amid the screams of his victims.” As is common in cases like this, Mr. Ruszkowski escaped with very little criminal punishment. After pleading guilty he was sentenced to 4 years of probation following completion of boot camp.

As a DUI Victims lawyer, I was pleased to see the victim obtain such positive civil justice. Hopefully, this verdict will help mend the physical, emotional, and financial harms Mr. Savage and his family have suffered and will likely continue to suffer into the future.

Woman that Caused Violent Gwinnett County Bus Collision Charged with DUI and Held Without Bond

January 5, 2010 | Benjamin S. Persons, IV

On December 24, 2009 a black Honda struck and overturned a bus carrying developmentally disabled adults. All 13 passengers and the driver of the bus were injured. At least two of the passengers were ejected and all were taken to Atlanta area hospital. According to news reports, the driver of the black Honda was seen driving erratically before the collision and left the scene of the accident before the police arrived.

As an Atlanta Injury Lawyer that often represents DUI victims, I pay attention to news reports of collisions caused by drunk drivers. However, this story was particularly disturbing when I read about the bus passengers. The passengers were members of a group called Just People that provide support for adults with developmental disabilities. The group was on their way to an art class when the horrible collision occured. It just boggles the mind that someone could cause that kind of carnage on the interstate and then leave the scene. I was pleased to read in a follow-up news report that the suspected drunk driver was located and is being held without bond with charges of Felony Hit and Run and Driving Under the Influence.

Fatal Atlanta Car Crash Caused by Suspected Drunk Driver

November 21, 2009 | Benjamin S. Persons, IV

My heart sank today when I saw the 11alive news report about a young woman killed in an auto accident this morning involving a suspected drunk driver. The 24 year old woman was driving with her boyfriend, her 2 year old son, and 7 month old daughter on I-20 East when they were struck by a vehicle traveling the wrong way on the interstate. Atlanta Police say the wrong-way driver, identified as Robert Ayiteyfio, fled the scene on foot but was later apprehended. He has been charged with vehicular homicide, DUI, and driving the wrong way on the interstate.

As a Georgia Personal Injury Lawyer that regularly represents crime victims and as a father of 2 it was particularly moving to see the deceased woman’s father tearful plea to would be drunk drivers. The father delivered this message today from Grady Hospital, where his 7 month old granddaughter remains in critical condition. “I lost a daughter this morning. For all of you DUI drivers out there, please stop. Please. I’m begging you. Please, this hurts.”

Cobb County Police Officer Injured by Suspected Drunk Driver

November 7, 2009 | Benjamin S. Persons, IV

marietta dui.jpg It is an unfortunate fact that drunken drivers pose a significant risk to motorist traveling in and through Cobb County. The danger of becoming victim of DUI is even greater on week-end nights. According to WSBTV a suspected drunk driver crashed into a Cobb County Police Officer’s cruiser at 11:30 Friday night. The officer was parked with his emergency lights on, helping with lane closures for road construction on Interstate 575 south at the Bells Ferry exit.

From review of the scene photographs this was clearly a tremendous and horrible impact. Both the officer and the suspected drunk driver were injured. The officer was transported to Kennestone Hospital with head injuries. My wife and Iare praying for a quick and full recovery for the injured officer and the other driver.

Marietta Wrong-Way Driver Arrested on Suspicion of DUI

October 22, 2009 | Benjamin S. Persons, IV

According to the Atlanta Journal-Constitution, Marietta police prevented a potentially deadly situation when they apprehended Leonel Rodriguez driving the wrong way southbound on I-75. Early Saturday morning, September 27, Mr. Rodriguez was arrested for suspicion of DUI and numerous other offenses after driving his truck the wrong way on I-75 at speeds around 85 mph.

Marietta Police spokesman, Mark Bishop, had high praise for the officers that made the daring stop. “In this situation, our officers have the right to use deadly force,” Bishop said. “Both took a great chance in this situation with their lives.”