Marietta Injury Lawyer Blog

Fatigued Driving in Georgia: A Closer Look

December 16, 2022 | Benjamin S. Persons, IV

People who would never drive while under the influence of alcohol routinely drive while they are seriously fatigued. Scientifically, intoxication and fatigue are closely related. Driving after 20 hours without sleep, which is like driving home after not sleeping well at night and working a full day at the office, is like driving with a .08% blood alcohol content (BAC) BAC level. That is above the legal limit in Georgia. Shortcuts, like blasting the air conditioner or radio, only help people feel more alert. They do nothing to address clouded judgment, delayed reactions, and other effects of fatigue.

Other than distraction, fatigue is one of the most common and dangerous kinds of driver impairment. Arguably, fatigue-impaired people know they should not drive. But they get behind the wheel anyway and intentionally put other people at risk. As a result, a Marietta personal injury attorney can usually obtain substantial compensation in fatigue-related crashes. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Evidence of Fatigue

Alleged Drunk Driver Kills Teenage Girl

December 9, 2022 | Benjamin S. Persons, IV

A 21-year-old man, who was allegedly intoxicated, lost control of his pickup, killing a 16-year-old high school cheerleader.

The girl, a junior at Mill Creek High School, was the front-seat passenger in a pickup truck heading north on Sugarloaf Parkway toward State Route 316, authorities said. The driver, a 21-year-old male, failed to navigate onto the ramp and struck a concrete barrier. “Gone from our sight, but never our hearts,” a tribute posted on the school’s Facebook page reads. “… Our deepest condolences go out to her family and we hope the many happy memories she has left behind will offer some peace in this difficult time.”

The driver now faces several criminal charges, including driving under the influence, failure to maintain a single lane, and first-degree vehicular homicide.

Common Insurance Company Defenses in Car Crash Cases

December 2, 2022 | Benjamin S. Persons, IV

Plaintiff’s winning percentage in court has declined over the last several years, mostly because insurance company revenue has skyrocketed over this same period to more than $1 trillion per year. As a result, these companies can now hire more effective lawyers and allow them to go to trial if necessary. Usually, the insurance company’s trial strategy in a vehicle collision claim revolves around one of the three defenses discussed below.

Back in the day, when the plaintiff’s winning percentage was high, and insurance companies had limited resources, almost any lawyer could successfully handle a vehicle collision claim. In the current environment, only a Marietta personal injury attorney can obtain the best possible result in such claims. That result usually includes maximum compensation for the victim’s economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Last Clear Chance

High-Speed Police Chase Kills Two, Injures Three

November 30, 2022 | Benjamin S. Persons, IV

To defend their actions, officers claimed a reckless chase lasted only 37 seconds before the driver caused a fatal wreck. However, in a high-speed pursuit, thirty-seven seconds is an eternity.

According to Georgia State Police investigators, the crash happened on Northside Drive and 14th Street after Atlanta police tried to conduct a traffic stop at 17th Street. Suspects in a white Toyota RAV4 drove away on Northside Drive and failed to stop at the red light. The RAV4 crashed into a Mitsubishi Outlander, almost instantly killing an Uber driver and passenger. Three people inside the suspect vehicle were rushed to a nearby hospital with serious injuries.

Georgia State Patrol officials have not commented on what charges will be filed in this case.

A Closer Look at Distracted Driving in Georgia

November 25, 2022 | Benjamin S. Persons, IV

Since the start of the smartphone era in 2007, many states, including Georgia, have passed a hands-free law. In general, these laws prohibit motorists from holding and/or using smartphones and other digital devices while they are behind the wheel. However, these laws contain many exceptions, mostly for hands-free devices. Additionally, device distraction is only a small part of the distracted driver problem.

Many distracted drivers do not feel remorseful after they cause crashes, as if the device or behavior somehow excused their negligence. A Marietta personal injury attorney forces these tortfeasors (negligent drivers) to accept full responsibility for the wrecks they cause. This responsibility includes paying compensation for damages. In a perfect world, tortfeasors would do the right thing before a lawyer gets involved. Unfortunately, we don’t live in a perfect world.

Device Distraction

What Causes Pedestrian Accidents in Georgia?

November 18, 2022 | Benjamin S. Persons, IV

Speed causes most pedestrian accidents in Georgia. At impact speeds under 20mph, the pedestrian death rate is under 10 percent. At impact speeds over 50mph, the pedestrian death rate skyrockets to 75%. Most pedestrian accidents happen outside marked crosswalks and in non-intersections. So, in almost all cases, the tortfeasor (negligent driver) is traveling at or near top speed at the moment of impact. That is bad news for pedestrians because even if they survive, they often sustain catastrophic injuries.

The good news for injured pedestrians and their families is that a Marietta personal injury attorney can obtain substantial compensation for these victims and their survivors in civil court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. These funds don’t magically make serious or catastrophic injuries disappear. However, the money helps victims and survivors pay accident-related bills and otherwise move on with the rest of their lives.

Pedestrian Injuries

Two Teens Injured, One Fatally, in Forsyth County Wreck

November 11, 2022 | Benjamin S. Persons, IV

A 16-year-old girl, a passenger in a vehicle, is dead after a single-vehicle crash in Georgia.

According to investigators, the crash happened when a gray 1996 Toyota 4Runner, driven by a 17-year-old, struck the curb on the right side of the road. Deputies say the teenage driver overcorrected, and the vehicle went out of control and rolled over several times. The vehicle eventually hit an electric pole, killing the 16-year-old passenger.

The driver only suffered minor injuries.

Is Speed a Factor in Most Accidents?

November 4, 2022 | Benjamin S. Persons, IV

Maybe not “most” accidents, but speed is a factor in about a third of the fatal car wrecks in Georgia. The proportion of speeding-related collisions had been dropping slightly until the 2020 coronavirus lockdowns. When roads emptied, many drivers acquired some bad habits, including excessive speeding. Like many bad habits, this one is easy to form and hard to break. As outlined below, speed impacts the risk of a wreck and the force in a collision.

Also, as outlined below, excessive speed is usually negligence, or a lack of care. If that is the case, a Marietta personal injury attorney can obtain the compensation the victim needs and deserves. Victims need this compensation to pay accident-related expenses, like medical bills and damaged property replacement. They deserve this compensation because their injuries were not their fault, and no one should bear the responsibility for someone else’s mistake.

How Speed Affects Car Crash Injuries

Finding the Right Lawyer for a Truck Crash Claim

October 31, 2022 | Benjamin S. Persons, IV

Since 2010, the number of fatal large truck crashes has increased by 31%. The danger has increased as regulators, citing supply chain concerns, now look the other way when truckers violate HOS (hours of service) laws and other safety laws. These cases are quite complex since the liability chain does not stop with the tortfeasor (negligent driver). The company that owned the truck, which is usually an out-of-state conglomerate, is legally responsible for damages in these cases.

So, there is usually no such thing as a “simple” truck crash claim. Such a complex case demands a Marietta personal injury attorney with a certain skill set. There is no way to guarantee that a victim will find the right lawyer. However, victims who look for the following three qualities in their attorneys have a much better chance of obtaining maximum compensation for their serious injuries.

Experience

Five Most Common Older Adult Fall Injuries

October 28, 2022 | Benjamin S. Persons, IV

The medical bills and other economic losses associated with older adult falls total over $50 billion per year. Medicare and most private health insurance cover some of, but not all of, these costs. Therefore, many older fall victims could be financially responsible for medical bills they cannot pay. Even if a public or private insurance company covers all these costs, other people pay the price in the form of higher taxes and higher premiums. There is no reason you and I should pay for an injury that someone else negligently caused.

Liability issues in fall injury claims are even more complex than these financial issues. Generally, landowners have a duty of care to provide safe environments that are free from fall injury hazards. This duty only applies if the nursing home owner, or another property owner, knew, or should have known, about the hazard.

All these complex issues mean that only the most experienced Marietta personal injury lawyer should handle an older adult fall injury claim. Attorneys not only deal with the issues in the case. They also immediately connect victims with the medical help they need. The injuries listed below are often difficult to diagnose and treat. They require a special doctor’s special attention. The first available ER doctor, or the cut-rate doctor an insurance company adjuster approves, simply will not do.