Marietta Injury Lawyer Blog

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

Do Product Recalls Protect People?

February 17, 2023 | Benjamin S. Persons, IV

In a word, no. Product recalls prevent bad problems from becoming worse, since they take dangerous products out of circulation. But product recalls do nothing to compensate injured victims. A Marietta personal injury attorney must file a legal action in court to obtain compensation for defective product victims.

Incidentally, agencies like the Food and Drug Administration only press for product recalls as a last resort. Industry-paid user fees provide almost half of this agency’s budget. The more items these companies sell, the more user fees they pay. In other words, FDA bureaucrats have a financial incentive to limit recalls. These recalls are only recall requests. The FDA does not have the power to unilaterally recall a defective product, no matter how dangerous it is.

Legal Matters

Charged Filed in Thanksgiving 2022 Fatal Crash

February 10, 2023 | Benjamin S. Persons, IV

A man faces multiple counts of vehicular homicide after he crossed the center line and slammed into an oncoming SUV, killing two people and seriously injuring two others.

One of the victims was an 18-year-old college student. The freshman volleyball player at Bryan College in Tennessee was home visiting family for the holiday. “Alivia was loved by many and will be remembered for her kind, sweet, beautiful spirit,” the Creekview volleyball team posted on Facebook. “Chris [her father who was also killed in the crash] was a devoted father to his two daughters and the love of Jennifer’s life.”

Investigators believe driver fatigue caused the fatal wreck.

Electronic Evidence in Car Crash Cases

February 3, 2023 | Benjamin S. Persons, IV

Sometimes, evidence immediately available at the scene, like witness statements, is enough to establish liability in a car crash claim. Frequently, however, it is not enough to fill in all the blanks. In these situations, a vehicle’s Event Data Recorder often does this job. EDRs resemble the black box flight data recorders in commercial airplanes.

Federal investigators use these flight data recorders to determine airplane crash causes. Likewise, Marietta personal injury lawyers use EDRs to determine car crash causes. As outlined below, attorneys and their investigator professional partners put the bits of evidence that an EDR records much like the pieces of a jigsaw puzzle. The result is a clear picture of the accident the jury uses to award maximum compensation to injury victims.

EDR Functions