Trucking Accidents

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.

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.

Preventing Georgia Car Crash Deaths and Injuries the Stated Purpose of the New Super Speeder Law

January 14, 2010 | Benjamin S. Persons, IV

Since the beginning of the year I’ve noticed an increased number of police catching speeders on the interstate and I think I know why. On January 1, Georgia’s Super Speeder law, and it’s new hefty fines, went into effect. A couple of people have asked me about the Super Speeder law this week so I thought I would explain it.

It is pretty simple really. If you are caught speeding 75 mph or more on any two lane road or 85 mph or more on the interstate you will have to pay an additional $200 fine to the State. This $200 fine will be added on top of the local fines and penalties. Getting a super speeder ticket is going to be a very expensive mistake.

According to the official press release of the Governor’s office, sixty percent of all trauma patients in Georgia are crash related and on average there is a speed related death a day in Georgia. The Governor’s office goes on to say, Super Speeder will save lives and change the behavior of speeders in Georgia. As a Marietta Injury Lawyer that has seen too many lives ruined by truck and car collisions, I hope this new law will have the desired effect. Please slow down, you will be safer, and your bank account will thank you.

A Marietta Injury Lawyer Explains What To Do If Your Car Breaks Down on the Interstate

December 12, 2009 | Benjamin S. Persons, IV

From my experience as a Marietta Injury Lawyer, collisions on the Interstates are typically the most likely to cause death and serious injury. There are a number of reasons for this including the increased speed limits and the large number of tractor trailers that use the freeways. It is extremely dangerous to stop your vehicle on the interstate, but sometimes it just can’t be avoided. There are some steps you can take to reduce this danger.

Except for emergencies, never voluntarily stop your vehicle on the interstate. However, if your car breaks down on the Interstate, get your vehicle to the right shoulder as quickly and safely as possible. If you stay in your vehicle keep your seatbelt on. If you are going to get out of the vehicle use the passenger’s door to exit the vehicle. Once out of the vehicle, do not stand near your vehicle or any travel or emergency lanes. Put some safe distance between yourself and the roadway and call 511 (HERO vehicles) and 911. However, sometimes car trouble is immediate and it is not always possible to get over to the right shoulder.

Personal injury lawyers in Atlanta and Marietta sometimes see the more difficult situation when cars break down in interstate travel lanes. This is a terrible situation. Even with the use of hazard lights, it is often difficult for drivers to appreciate a vehicle is stopped on the interstate. When cars are rear-ended at highway speeds the results are often fatal. The Georgia State Patrol and DOT officials recommend you stay in your vehicle, call 911 and 511, and wait for help to arrive. However, State Patrol officers I have talked to say they probably would not sit in a car stopped in a travel lane for fear of getting blasted by a fast moving vehicle. One must use their best judgment when confronted with this situation because leaving your vehicle to walk or run to a safe location can also be extremely dangerous.

Atlanta Woman Struck and Killed by Tractor Trailer on I-285 Over the Thanksgiving Holiday Weekend

December 12, 2009 | Benjamin S. Persons, IV

As a Marietta Personal Injury Lawyer that travels out of State every thanksgiving holiday, I was sadened to see Atlanta suffer several deadly collisions over this past holiday weekend. One of the first tragic stories occurred early Wednesday morning on I285. A woman’s car had broken down and stopped on the left shoulder of the interstate. She was hit by a tractor-trailer when she left her vehicle to go get help. The woman’s name was not released. However, 11alive reported she died at the scene.

Drivers are extremely vulnerable when their vehicles are stopped on the interstate. Depending on the situation, both staying in and getting out of your vehicle can be very hazardous choices. Atlanta is a dangerous city and we have more than our share of terrible accidents. If you break down, always try to stop your car on the right shoulder of the interstate. Get as far off the road as possible and put on your hazard lights. Call 511 and 911 and a HERO unit will be sent to your location.

In response to tragic incidents such as Wednesday’s fatal crash, 11alive wrote the article To Sit or Make a Run for It. Clearly, neither is a safe choice. Hopefully we can find new ways to make the interstate safer for stranded motorist.

Georgia Traffic Deaths and Serious Injuries Anticipated this Thanksgiving

November 15, 2009 | Benjamin S. Persons, IV

The Marietta Injury Lawyers urge everyone to drive the speed limit, use your seatbelt, and watch out for other drivers this Thanksgiving season. The Governor’s Office of Highway Safety reports the sobering statistic that during a 102 hour period last year’s Thanksgiving weekend, 102 people died and 1,457 were injured on Georgia roads.

With serious car collisions likely this year, beginning November 16th through November 29th the GOHS launches its annual Click It or Ticket campaign in conjunction with the Rural Roads seatbelt crackdown. In 2008, 89.6% of motorist wore their seatbelts in Georgia. However, nationwide, over half the traffic crash victims killed in Thanksgiving collisions were not belted. Seatbelts literally save lives and hopefully Georgia’s seatbelt use statistics will be improved for 2009. Please stay safe this Thanksgiving and belt up.

Marietta Personal Injury Lawyer Explains What You Should Do if You are Injured in an Auto Accident

November 10, 2009 | Benjamin S. Persons, IV

1. Get the treatment you need and follow the doctor’s instructions. If you were hurt in the accident, immediately go to the hospital or your doctor. From my experience as a Marietta Personal Injury Lawyer a common concern of those injured in auto collisions is “how am I going to pay for my medical bills?” If the emergency room or urgent care center suggests you follow up with a specialist such as an orthopedic physician, you need to do it. From a lawyer that works with injured people on a daily basis, you cannot put a price tag on good health. There are many ways to deal with unexpected medical expenses caused by an auto accident. Please do not refuse needed medical attention because you are concerned about the bill.

Another question people often have, “if the hospital didn’t give me a doctor’s name when I was discharged, who should I go see?” Look to the hospital, your primary care doctor, your family, or your friends for a good doctor recommendation. Clients always feel more comfortable with a doctor if someone they know and trust recommends.

In Trucking Personal Injury Cases, Time is of the Essence

October 30, 2009 | Benjamin S. Persons, IV

Investigating and litigating civil cases involving interstate trucking collisions and automobile wrecks is significantly different due to the Federal Motor Safety Regulations governing the operation of Interstate Motor Carriers as well as the technology on board today’s tractor-trailer. As a former lawyer for some of the nations’ largest trucking companies, I was often called to the scene of major collision within hours of the incident. When there is a trucking accident that causes serious injury or death, trucking companies immediately begin gathering experts and building their defense. If you or a loved one has been involved in a trucking accident, it is important to consult with a Georgia trucking lawyer as soon as possible for a variety of reasons to level the playing field.

First, significant evidence can be lost forever if the accident is not investigated immediately. Accident reconstruction engineers, hired by your trucking lawyer, can determine many important facts from promptly inspecting an accident scene, such as speed, braking, and lane of travel. This can be determined from skid marks, yaw marks, road gouges, and other evidence that might be completely gone after a few days or weeks. Additionally, many tractor-trailers have various types of on-board technology that record invaluable crash data that can be lost if not downloaded and stored promptly. For example most diesel engines have accessible electronic control modules (ECMs) or electronic control units (ECUs), that upon hard braking, record and collect various data including truck speed and braking. Often this data is lost if is not downloaded soon after the accident and the truck is put back into service. Some tractor-trailers even have accident reconstruction computers that record extremely detailed crash and pre-crash data. The sooner an accident is investigated the more likely it is that important facts and data will be captured and preserved.

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.”