Personal Injury

Crashes With Large Trucks are Bad News for Cars

July 16, 2021 | Benjamin S. Persons, IV

Size matters in traffic accidents. Traffic accidents involving large vehicles frequently result in more, and more severe, injuries to those in the smaller vehicles. 18-wheeler commercial trucks are the blue whales of the highways. Nothing is bigger. Consequently, accidents between passenger cars and tractor-trailer rigs are much more likely to end in death or severe injuries, with those fates falling disproportionately upon the occupants of the passenger vehicles. It is not that the occupants of the 18-wheelers are never killed or injured – of course they are. But the occupants of passenger vehicles involved in accidents with tractor-trailers invariably suffer more serious injuries.

Accidents With Large Trucks Can Lead to Severe Injuries

More than 4,100 people were killed in traffic accidents involving large commercial trucks in 2019. In 2018, there were 176,000 people injured in such accidents. Of the 2019 fatalities in crashes involving large trucks, only 16% were occupants of the trucks, while 67% were occupants of passenger vehicles. The rest were motorcyclists, bicyclists, or pedestrians. Similarly, in 2018 82% of the deaths in accidents involving tractor-trailer rigs and other large commercial trucks occurred among people who were not occupants of the trucks. Every year, the vast majority of both injuries and fatalities in crashes involving large commercial trucks and passenger vehicles are not occupants of the trucks.

How to Deal With Aggressive Drivers in Georgia

July 9, 2021 | Benjamin S. Persons, IV

Road rage has been on the rise lately in the state of Georgia. In fact, just this year there have been over a dozen road rage shootings in Atlanta alone. The Georgia State Patrol has indicated that it is working diligently to deal with these road rage issues. Georgia State Patrol Sergeant Jay Trawick has asserted that there are things drivers can do to safely avoid a road rage accident. The following article will address some ways to deal with aggressive drivers and minimize the occurrence of road rage accidents.

What is road rage?

Road rage occurs when a driver commits an assault with a motor vehicle or other dangerous weapon on the driver or passengers of another motor vehicle. This conduct can endanger other people and property. A driver typically engages in road rage when the conduct or actions of another driver enrages him enough to respond with aggressive behavior.

Should You Handle Your Own Settlement Negotiations?

July 2, 2021 | Benjamin S. Persons, IV

If you have suffered an injury in some kind of accident, is it a good idea to handle your own settlement negotiations? Some people think so. They can see themselves saving the cost of an attorney, and they might have a job that they believe gives them the ability to negotiate a settlement for their injury. No matter what your background is, however, unless you are a personal injury attorney, it is unlikely that you have the experience and knowledge necessary to successfully negotiate a satisfactory settlement. You might think you are a shrewd bargainer, but you will be facing an insurance adjuster or the other party’s attorney – or both – who have been a part of dozens, if not hundreds, of such negotiations, while you will be involved in your first. Still like your odds?

Most Personal Injury Cases Settle

You will only get one shot at a good settlement, so it makes sense to do everything you can to get the best settlement possible. That probably does not involve you handling negotiations yourself. Virtually all aspects of life have become more complex, and the legal system is no different. It is unlikely you have the skills or knowledge to successfully handle your own legal case, including settlement negotiations. Nothing personal, but that is the way things are these days.

Why Do I Need a Personal Injury Attorney?

June 18, 2021 | Benjamin S. Persons, IV

If you were recently injured and are intending to file a personal injury claim, you may not know exactly where to begin. Should you hire an attorney? Is that actually necessary? What benefits come with hiring an attorney to handle your personal injury claim? The following article will provide a few key reasons why you should consider hiring a personal injury attorney.

An attorney can help you build a stronger personal injury case.

Personal injury lawsuits require that you prove that another party is responsible, at least in part, for your injuries. Oftentimes, it can be difficult to prove with certainty exactly who or what was the cause of your injuries. This is when it would be helpful to hire a personal injury attorney, who can gather evidence to help you properly identify the cause of your injuries and the responsible parties.

Watch Your Back for Rear-End Collisions

June 11, 2021 | Benjamin S. Persons, IV

Realistically, there is not much you can do if you are on the receiving end of a rear-end traffic accident. Few people keep a constant watch on their rear-view mirror to look for threats – pretty much everybody focuses their attention on what is ahead of them – and even if you see a car bearing down on you from behind, you rarely can tell if the person actually is going to hit your vehicle before stopping. Even if you know that to be the case, as often as not you have nowhere to go to get out of the way anyway. Most rear-end accidents happen when your vehicle is stopped and the driver of the vehicle behind you fails to notice in time.

Rear-end Accidents Happen More Than Any Other Collision

Rear-end crashes are the most frequent type of traffic accident, accounting for nearly one-third of all collisions on the roadways. Other sources claim that 40% of the 6 million or so traffic accidents in the United States annually are rear-end collisions. Either number is a significant percentage, especially if you are in the car being struck from behind. Occupants of the front vehicle in a rear-end accident suffer the most injuries. This is largely because the impact is unexpected for the occupants of the vehicle being hit from behind and they have no time to evade or prepare. Further, airbags are not designed to deploy in rear-end collisions and rarely do unless the car being rear-ended is forced into a vehicle in front of it by the impact. In contrast, the airbags in the vehicle behind deploy as designed. Common injuries among occupants of the vehicle struck from behind include face, head spinal cord, and neck injuries, as well as whiplash.

Understanding Georgia’s Slip and Fall Laws

May 28, 2021 | Benjamin S. Persons, IV

Slip and fall accidents currently account for over 1 million hospital visits. If you are injured in a slip and fall accident in Georgia, there are some things you should understand about the state’s laws regarding slip and fall accidents before you decide whether to file a personal injury claim.

You Have to File Your Claim Within Two Years

According to Georgia Code, an individual has two years from the date of the slip and fall accident to file a personal injury claim. This also applies to all other personal injury claims in the state of Georgia.

Understanding Georgia Law on Dog Bites

May 7, 2021 | Benjamin S. Persons, IV

If you or someone you know has ever been bitten by a dog, you know that it can be a scary and traumatic experience. It is understandable and foreseeable that a person bitten or attacked by a dog would attempt to sue the dog owner for their injuries. It is crucial to understand the specific laws regarding dog bites in the state where the accident occurred, as dog owners can escape liability in some states based on the language of the statute(s). The following article will discuss the laws regarding dog bites in the state of Georgia.

The “One-Bite” Rule

One of the foundational principles of strict liability in common law is known as the “one-bite” rule. This principle asserts that a dog owner will not be held strictly liable for any injuries their dog has caused unless there is evidence to show that the owner knew or should have known that the dog had the propensity to bite or attack. For example, if a dog has bitten or attempted to bite someone in the past, that is sufficient to show that the owner should have been aware of the dog’s dangerous propensity and should have taken appropriate actions to control the dog’s behavior. However, most states have either rejected this principle or have modified it in their statutes.

What to Do Immediately After a Car Accident

April 30, 2021 | Benjamin S. Persons, IV

Unfortunately, car accidents are an inevitable part of life. In Georgia, car accidents are the leading cause of injury deaths and the second-leading cause of hospitalizations and emergency room visits. Even if you are a cautious driver, you may be involved in an accident with another driver. Being in a car accident can be a traumatic experience, and if you have never been in a car accident before, you may not know what steps you are supposed to take afterwards. The following tips will provide you with the necessary steps to take if you are ever involved in an accident.

Move your vehicle

If your accident is minor and there is no major structural damage to the vehicle, move the vehicle out of traffic, preferably to a well-lit area. This will help minimize the risk of other vehicles colliding with your car while it is sitting in traffic and will ensure that you and your vehicle are safe from oncoming vehicles.

Summer Brings Heightened Risk of Swimming Pool Injuries

April 23, 2021 | Benjamin S. Persons, IV

With summertime rapidly approaching, hot sunny days cannot be far behind. Few things go better with a hot summer day than a refreshing dip in a swimming pool. While refreshing, however, that dip in the pool is not risk free, as accidents in and around swimming pools result in thousands of injuries and deaths each year. Young children are particularly at risk, especially those too young to know how to swim. Summer is a time for having fun in and around water, but be sure to exercise necessary cautions.

Pool-Related Injuries and Deaths Happen Frequently

When discussing swimming pool accidents, drownings often are among the first topics raised, and might even be the only topic discussed. Drownings and near-drownings, which are not fatal but can result in severe injuries, are the cause of thousands of deaths and injuries every year. From 2005 through 2014, 3,536 people on average drowned every year. Drowning is the fifth-leading cause of accidental deaths in the U.S. each year. There were more than 3,700 people who died from drowning across the country in 2016. While those drownings took place in all bodies of water, many of those drownings, fatal and non-fatal, occur in swimming pools. Children younger than the age of 15 account for a significant number of those drownings and near-drownings.

Power Tool Accidents are Common at Work

April 16, 2021 | Benjamin S. Persons, IV

Power tools are a common presence in American homes and workplaces. Millions of people have power tools at home, ranging from the most basic, such as drills or power screwdrivers, all the way up to fully equipped home woodshops or metal shops. Cordless or corded, power tools are everywhere, and this is particularly true in many American workplaces. Many occupations, including most manufacturing jobs, construction, and trades, including electrical work and plumbing, rely heavily upon power tools. They make completing many jobs safer, faster, and more efficient. Think about trying to build a house without even so much as a power saw. Putting so much power in such a small package – many power tools are hand-held – is, unfortunately, often a dangerous proposition, even for professional users. Not surprisingly, then, workplace accidents involving power tools are fairly common events.

Injuries From Power Tool Accidents Can be Serious

Many people use power tools at home, completely unrelated to on-the-job use of power tools. Such at-home use, rightly or wrongly, can give employees a false sense of knowledge and security regarding use of power tools on the job. The problem, of course, is that the types and power of tools used on the job far exceed what most home power tool users have experienced. When employees believe they know “enough” about operating power tools, particularly hand-held power tools, they may be able to avoid training or pay little attention during training.