Wrongful Death

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.

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.”

The American Cancer Society Sharply Critical of New Mammogram Standards; “Annual Mammograms From Age 40 on Save Lives”

November 18, 2009 | Benjamin S. Persons, IV

For nearly two decades, the American Cancer Society has been recommending annual mammograms beginning at 40. However, the U.S. Preventive Services Task Force, a government panel of doctors and scientists, recently issued a controversal report that mammograms are not recommended until age 50 and then only every other year. In response to the government report, the Cancer Society’s chief medical officer, Dr. Otis Brawley stated “This is one screening test I recommend unequivocally, and would recommend to any woman 40 and over,”
Dr. Brawley went on to offer this sharp criticism of the report: “The task force advice is based on its conclusion that screening 1,300 women in their 50s to save one life is worth it, but that screening 1,900 women in their 40s to save a life is not, Brawley wrote. That stance “is essentially telling women that mammography at age 40 to 49 saves lives, just not enough of them,” he added.

As a Georgia Injury Lawyer that deals with insurance companies on a daily basis, I’m concerned about the insurance implications this task force report will have on healthcare. Although research shows annual mammograms beginning at age 40 save lives, I fear health insurance companies will use this recent report to justify refusing payment for mammograms before the age of 50 and then only authorize mammograms every other year. Like prexisting conditions and other insurance created concepts, this will give insurance companies additional opportunities to accept premiums without providing appropriate benefits.

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.

Atlanta is a Dangerous City for Pedestrians

November 13, 2009 | Benjamin S. Persons, IV

The Atlanta metro area, including Sandy Springs and Marietta, was listed in the top 10 most dangerous cities for pedestrians in 2007-2008 by the lobby group Transportation for American. As a Marietta personal injury lawyer that grew up in metro Atlanta, I find it most interesting that of the ten most dangerous cities for walking, nine of them are in the south. The study found the most dangerous metro areas are characterized by sprawl and auto-oriented development patterns. The most troubling finding by the group is that there are 5,000 preventable pedestrian deaths in the U.S. each year.

Good Advice for Georgians; How to Avoid Preventable Medical Errors

November 12, 2009 | Benjamin S. Persons, IV

With all the reports recently of preventable medical errors, today CNN printed an informative article “How to avoid falling victim to a hospital mistake.” The average person would be shocked by some of the stories I hear on a regular basis as a Georgia Medical Malpractice Lawyer. The Joint Commission, which provides accreditation for hospitals, reports that wrong-site, wrong-side and wrong-patient procedures occur more than 40 times each week in the United States.

The above CNN article arms patients with simple practical knowlege that can help prevent these types of errors. One example is to repeat your name, date of birth, and the procedure you are having to each and every nurse, tech and doctor involved in your care. I would recommend reading this article for anyone undergoing any hospital testing or surgery in the near future.

Georgia Victims of Medical Malpractice Need a Fair Chance at Justice; 98,000 Americans Die From Preventable Medical Errors Each Year.

November 12, 2009 | Benjamin S. Persons, IV

Insurance companies are spending millions of dollars each year lobbying State and Federal government to limit medical malpractice victim’s access to the courthouse with various tort reform measures. Insurance companies justify their endless attack on the right to trial by jury with the argument that the majority of medical malpractice claims are frivolous. However, the recent studies published by the non-partisan National Institute of Medicine indicate 44,000 to 98,000 patients die each year as a result of preventable medical errors and as many as 1,000,000 are seriously injured.

Nearly every day as a Marietta Medical Malpractice Lawyer, I hear another heartbreaking story of death or serious injury due to preventable medical errors. A recent report of the AAJ highlights several true stories of medical error victims including that of Blake Fought. Blake was only 19 years old when he was set to be discharged from the hospital following an illness that required a central line IV. His nurse had never been trained to remove the IV and did not follow proper procedures, causing air bubbles to invade his heart and brain. As a result of this preventable error, Blake died in front of the nurses and his parents.

Horrific Motorcycle and Car Collision Used to Illustrate the Dangers of Cell Phone Distractions

November 2, 2009 | Benjamin S. Persons, IV

With all the vehicles driving in and through the metro Atlanta area, auto accidents are going to happen. Unfortunately, some of these accidents cause injury. Georgia personal injury lawyers that handle these types of cases have observed that the most catastrophic accidents are usually caused by impaired or seriously distracted drivers. In the picture below, the driver of the Volkswagen was reportedly using a cell phone at the time of the collision. All three people involved in the collision were killed.

A recent study suggest that driving while talking on a cell phone increases the risk of accident twice as much as driving while intoxicated (.08 Blood Alcohol Content). More public awareness on the dangers of texting and talking on cell phones while driving will hopefully lead to less deadly auto collisions in Georgia.

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.

Defective Products Cause Injury and Death; Many Corporations Know Their Products are Defective and Sell Them Anyway

October 29, 2009 | Benjamin S. Persons, IV

We are constantly hearing about product recalls warning the public of products that turned out to have design flaws or unexpected problems. However, a more troubling fact is that many corporations know their products can cause serious injury or death and sell them anyway, even when there is an easy and inexpensive solution that will make the product safer.

The American Association for Justice has recently issued a report documenting true stories of corporations that knowingly sold defective products to American consumers and the devastating consequences caused by these products. Here are a few of these shocking true stories.

• A pharmaceutical company that discovers that its drug causes severe side effects in pediatric patients…and then spends hundreds of millions of dollars marketing to children.

• A company that discovers its medical device is little more than a bomb waiting to go off in people’s hearts…and then decides not to tell anyone.

• A car company that discovers that if it does not spend $11 dollars per car to fix a defect, hundreds of people will be horribly burned…and decides it would be cheaper to let them burn.

• A company that discovers its bulletproof vests are defective…and then sells them anyway to be worn by law enforcement, the military, and the President of the United States.