Marietta Injury Lawyer Blog

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

Two UGA Students Killed in Car Crash

January 31, 2023 | Benjamin S. Persons, IV

Two other students were seriously injured in the wreck that followed Georgia’s celebration of back-to-back national football championships. Investigators believe that speed was a factor in this wreck.

The single-vehicle crash happened near the intersection of Stroud Road and Barnett Shoals Road in Athens. A 20-year-old offensive lineman and 24-year-old recruiting staffer died in that wreck. In a statement, UGA acknowledged that it owned the 2021 Ford Expedition, but denied responsibility for the crash.

“The car driven in the accident was one of several vehicles leased by our athletic department for use during recruiting activities only. Policies and expectations that were well understood by athletics staff dictated that such rental vehicles were to be turned in at the immediate conclusion of recruiting duties,” the University said in a statement. “Personal use was strictly prohibited. Therefore, the continued use of the leased car by our staff members after their recruiting duties ended earlier that evening was unauthorized.”

What are the Three Kinds of Negligence in a Car Crash Case?

January 27, 2023 | Benjamin S. Persons, IV

As outlined below, the three kinds of negligence in a car crash claim are basically the three major types of driver mistakes. Driver error causes over 98% of car crashes in Cobb County. Generally, that error is negligence, or a lack of care.

If negligence caused a car accident, a Marietta personal injury attorney can obtain compensation for that accident in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Environmental

Five Things to Do Following a Truck Crash

January 20, 2023 | Benjamin S. Persons, IV

Truck crash claims in Georgia are almost overwhelmingly complex. The respondeat superior rule is a good example. The shipping or transportation firm that owned the cargo or employed the driver, usually an out-of-state holding company, is often financially responsible for truck crash damages. When a problem seems complex, it’s best to break things down into small steps.

These small steps begin almost immediately after the wreck. If victims say and do the right things at this critical time, it’s much easier for a Marietta personal injury lawyer to obtain maximum compensation later. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Wait for Emergency Responders

Legal Options in Dog Bite Cases

January 13, 2023 | Benjamin S. Persons, IV

Every year, dogs bite an estimated 4.5 million Americans. Most of these victims are children. Because they have such small brains and bodies, these victims usually sustain permanent emotional and physical injuries. The lifelong costs associated with these injuries are extremely high. Fortunately, most homeowners insurance policies have high coverage limits, which means substantial compensation is usually available.

A Marietta personal injury attorney works to ensure that these victims get the compensation they need and deserve. Victims need this compensation to pay medical bills and other accident-related costs. They deserve this compensation because, in most cases, that’s the only way that a young dog bite victim can possibly live the rest of their life with some sense of normalcy.

Georgia’s Dog Bite Statute

Common Causes of Accidental Death in Georgia

January 6, 2023 | Benjamin S. Persons, IV

Most untimely deaths are not accidents. Instead, negligence, or a lack of care, usually causes such incidents. In Georgia, drivers and property owners usually have a duty of reasonable care. This legal responsibility is loosely based on the story of the Good Samaritan. Just like this man went out of his way to help an injured traveler, individuals must go out of their way to avoid hurting other people.

When negligence causes a wrongful death or another personal injury, a Marietta personal injury attorney can obtain the compensation these victims need and deserve. No amount of money, no matter how large, could begin to fill the emotional void that a wrongful death creates. However, financial compensation helps these survivors carry on with their lives. At this point, that’s the best possible outcome.

Car Accidents