Marietta Injury Lawyer Blog

Liability Issues in Cobb County Motorcycle Wrecks

April 21, 2023 | Benjamin S. Persons, IV

Automobile safety technology has advanced considerably over the last 100 years. Yet vehicle collisions still kill or seriously injure millions of Americans every year. Motorcycle safety technology has barely budged over the past century. So, it is no surprise that motorcycle wrecks are 30 times deadlier than other vehicle collisions. Non-fatal motorcycle crash injuries are also much more serious than non-fatal vehicle collision injuries.

Quite frankly, these victims need money to pay these medical bills and otherwise put the pieces of their lives back together. Fortunately, a Marietta personal injury lawyer has several legal options in these cases. Each one usually results in maximum compensation for serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligence Per Se

Father of Deceased UGA Football Player Sues School, Others

April 14, 2023 | Benjamin S. Persons, IV

Devin Wilcox and two other people were killed in a January car crash that happened while the players were celebrating their national championship. Now, his father filed a $40 million lawsuit against the school and two other entities, alleging that they were vicariously liable for the wreck.

Police said that a school recruiting assistant was racing against another SUV driven by another player late at night after the team celebrated their national championship win. They said she was driving at 104 mph and had a blood alcohol concentration of .197, more than twice the state’s legal limit. Two other students were seriously injured in the wreck.

“(The driver) was reckless, negligent, negligent per se, willful, wanton and consciously indifferent to consequences in her operation of that vehicle while her judgment was substantially impaired by alcohol,” the lawsuit states, noting that the vehicle she was driving, a Ford Expedition, was leased by the athletic department and assigned to her for work-related activities.

Swimming Pool Injuries in Georgia: A Closer Look

April 7, 2023 | Benjamin S. Persons, IV

Drownings are the most common kind of swimming pool injury. In fact, drowning is the leading cause of death among children under 4 and the second-leading cause of injury-related death among children under 14. A young child can drown in as little as a few inches of water, meaning that not even the kiddie pool is entirely safe.

Young children have still-developing brains and bodies, making them unusually vulnerable to serious injury. When such a tragedy strikes, no one can turn back the clock and change what happened. A Marietta personal injury lawyer does the next best thing, which is to obtain the financial compensation these families need and deserve.

Drownings

Kinds of Evidence in Truck Crash Cases

March 31, 2023 | Benjamin S. Persons, IV

Almost every consumer product, from a thumb tack to a party van, spent some time on a large truck. So, a fully-loaded large truck weighs over 80,000 pounds. As a result, the force in a semi-truck collision is so immense that no safety restraint system, however sophisticated, could possibly absorb it. Catastrophic burns are often the worst injuries in these collisions. Diesel fuel burns at a different temperature from ordinary gasoline, making the resulting burns extensive, painful, and difficult to treat.

These injury claims are complex, not just because the injuries are so severe. Generally, an out-of-state shipping or transportation company owned the truck involved in the crash. These companies often immediately hire high-priced lawyers to defend them in court. Because of these complexities, only the most experienced Marietta personal injury lawyer should handle such claims. Inexperienced lawyers have little or no chance of obtaining maximum compensation in these cases.

Basic Building Blocks

A Closer Look at Ridesharing Crashes

March 24, 2023 | Benjamin S. Persons, IV

Big ridesharing companies keep getting bigger. In 2022, Uber’s revenue increased by 80% to over $31 billion. Uber and Lyft need lots of drivers to cope with the increased demand. As a result, pretty much anyone with a valid driver’s license can be an Uber or Lyft driver. These companies no longer examine driving records and other evidence as closely as they did before the pandemic.

Uber and Lyft may have lowered their standards, but legal standards remain in place. As outlined below, these standards are high for ridesharing operators and other commercial drivers. So, if these drivers cause crashes, a Marietta personal injury attorney can often obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

High-Speed Police Chase Kills Motorcyclist

March 17, 2023 | Benjamin S. Persons, IV

A high-speed pursuit in Acworth ended badly when a motorcyclist, allegedly racing another motorcyclist, struck a Honda Accord. The rider died at the scene.

Prior to the crash, Georgia State Patrol troopers were assisting the Bartow County Sheriff’s Office in pursuing two motorcycle drivers who were racing on GA-3 near Mockingbird Road. Troopers began chasing one of the riders, who continued driving “in a reckless manner” into Cobb County.

According to investigators, the motorcyclist was approaching the intersection at high speed and struck a Honda Accord that was making a left turn. The motorcycle driver, a male, died at the scene. The driver of the Honda was taken to the hospital with life-threatening injuries.

The Nuts and Bolts of a Georgia Dog Bite Claim

March 10, 2023 | Benjamin S. Persons, IV

In 2021, insurance companies paid almost $900 million to settle dog bite cases in the United States. The overall figure, as well as the per-claim average settlement figure, has increased significantly since 2010. Rising medical bills, as well as a better medical understanding of dog bite injuries, have contributed much to this increase. More on these injuries below.

A personal injury settlement is not just a matter of adding numbers together. Instead, a Marietta personal injury lawyer must build a strong, evidence-based claim. Only such a claim can establish all the elements in a complicated dog bite claim and refute the inevitable insurance company defenses. The result of all this hard work is maximum compensation for your serious injuries.

Dog Bite Injuries

Fatal Two-Vehicle Collision in Pike County

March 3, 2023 | Benjamin S. Persons, IV

Pike County Sheriff’s deputies believe a combination of alcohol and speed caused a fatal collision on Highway 109.

A Lincoln Navigator and Toyota collided because neither driver stopped at the highway intersection. One driver was arrested after receiving medical treatment, and charged with driving under the influence, vehicular homicide, driving without a license, and several other traffic offenses.

Car Crash Causes

Do Fall Victims Automatically Get Settlements?

February 28, 2023 | Benjamin S. Persons, IV

Unfortunately, no, and that’s a shame. Slip-and-fall injuries are the leading cause of hospital emergency room visits. These injuries send over eight million Americans to emergency departments every year. The ER bill is only the first of many medical bills and other expenses that someone must pay. Unless they receive settlements, these victims are usually financially responsible for all these bills and expenses.

Insurance company lawyers do whatever it takes to reduce or deny compensation for head injuries, broken bones, and other serious wounds commonly associated with slip-and-fall incidents. Only an equally determined Marietta personal injury lawyer levels the playing field. An attorney works hard to build a strong case that overcomes some common insurance company defenses so victims receive maximum compensation for their serious injuries.

Open and Obvious

Do Commercial Drivers Have to Be More Careful?

February 24, 2023 | Benjamin S. Persons, IV

Yes. Truck drivers, taxi operators, Uber drivers, and other commercial operators are common carriers in Georgia. So, under Section 46-9-1 of the Georgia Code, they must “use extraordinary diligence” as they operate their motor vehicles. Additionally, “no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state.” That is one of the highest commercial driver standards of care in the country. The higher duty of care directly affects crash liability issues, as outlined below.

The higher standard of care makes it easier for a Marietta personal injury lawyer to prove negligence, or a lack of care. Nevertheless, commercial operator wrecks are very complex. So, although it is easier to prove negligence, it is more difficult to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability