Marietta Injury Lawyer Blog

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.

Electronic Evidence in Truck Crash Claims

October 21, 2022 | Benjamin S. Persons, IV

The number of large truck crashes is on the rise, in part because of the number of inexperienced drivers who are behind the wheel. According to the American Truck Driver Association, the current 80,000-driver shortage could reach 160,000 by 2029. These large vehicles are difficult for even experienced operators to handle. An inexperienced driver could cause a high-speed crash that leaves little but charred wreckage behind.

The lack of eyewitness and physical evidence could be a problem when such cases go to court. But an experienced Marietta personal injury attorney knows how to overcome such problems and turn lost opportunities into new opportunities. Frequently, electronic evidence survives even the worst and most destructive wrecks. Furthermore, most tech-savvy Cobb County jurors embrace electronic evidence and give it even more weight than some other kinds of proof.

Event Data Recorder

What to Expect in a Georgia Negligence Case

October 14, 2022 | Benjamin S. Persons, IV

Eventually, most personal injury cases in Georgia settle out of court. However, in most civil cases, “eventually” is a very long time. Insurance company lawyers drag their feet as much as possible. Every day that a settlement check stays in the insurance company’s bank account, the bank pays interest. Vehicle collisions kill or seriously injure millions of people each year, and the average injury-related medical bill is over $50,000. Because of the volume and value of these claims, there is a lot of money at stake, and every day counts.

If possible, insurance company lawyers would gladly use legal loopholes and aggressive negotiating tactics to reduce or deny compensation to victims. Only a Marietta personal injury attorney levels the playing field. As a result, victims have a much better chance of obtaining the compensation they need and deserve. Damages in a car wreck case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Pre-Filing Settlements

Third-Party Liability in Car Crash Claims

October 7, 2022 | Benjamin S. Persons, IV

Georgia has one of the country’s lowest auto insurance minimum requirements. Therefore, many Georgia drivers do not have enough insurance to cover all the losses in a catastrophic injury claim. The medical bills alone in such claims usually exceed $100,000.

Victims in this situation usually have two basic options, especially if they do not have UM/UIM (uninsured/underinsured motorist) coverage. They can file separate collection claims against the tortfeasor (negligent driver), who is most likely judgment-proof, or they can look for a responsible third party with deep pockets and additional insurance.

So, in many cases, establishing legal responsibility for damages is only part of the process. A good Marietta personal injury lawyer goes the extra mile and obtains meaningful compensation in vehicle collision matters. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

What Causes Truck Crashes?

September 30, 2022 | Benjamin S. Persons, IV

Mostly because of driver issues, large truck crashes have increased by 47% since 2009. Especially given continuing supply chain issues, companies put more pressure on drivers than ever to deliver their loads as quickly as possible, regardless of safety concerns. In other words, these companies put profits before people. Regulators have not helped. If anything, regulators have made the safety problem worse by diluting key safety requirements, like HOS (hours of service) rules.

Big companies often disregard public safety, and regulators often look the other way. In such environments, people can still count on a Marietta personal injury attorney to protect them. Attorneys hold negligent companies responsible for the injuries they cause even when regulators fail to do so. More importantly, a lawyer obtains the financial compensation truck crash victims need and deserve.

Impaired Driving