Marietta Injury Lawyer Blog

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

Breaking Down a Fall Injury Claim

September 23, 2022 | Benjamin S. Persons, IV

Every year, serious fall injuries send over eight million Americans to hospital emergency rooms. The physical injuries these victims sustain are just the beginning. Falls usually cause emotional injuries, as well, especially if the victim is over 65. Many of these individuals are so afraid of falling again that they cease most physical activity. Generally, the physical and emotional injuries are permanent, at least to an extent.

Despite the image that TV commercials portray, insurance companies care nothing about these severe injuries. Instead, they hire lawyers who look for ways to reduce or deny compensation to victims. A Marietta personal injury attorney takes the opposite view in pretty much every way. Lawyers quickly connect victims with high-quality doctors. Then, when the case goes to court, an attorney fights for the compensation you need and deserve.

Duty of Care

Grocery Store Falls From the Inside Out

September 16, 2022 | Benjamin S. Persons, IV

Every year, small and large supermarkets pay over $450 million to resolve indoor and outdoor slip-and-fall claims. These falls cause physical and emotional injuries. Physically, these victims sustain head injuries, broken bones, and other such wounds that often never heal, or at least never entirely heal. The same is true for the depression that many falls cause. Psychologically, many fall victims are so afraid of falling again that they essentially become prisoners in their own homes. The withdrawal often leads to deep depression and Post Traumatic Stress Disorder.

These injuries are difficult to diagnose and treat. Furthermore, these claims are legally complex. A Marietta personal injury attorney helps on both fronts. Lawyers connect victims with top-notch doctors who, in many cases, don’t charge anything upfront. Later, when the case goes to court, an attorney is committed to 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.

Legal Issues

Workers’ Comp Benefits in Georgia

September 9, 2022 | Benjamin S. Persons, IV

Over the last several years, wages have increased some, and medical bills have increased even more. However, workers’ compensation benefits are on the opposite track. Since 2013, wage replacement benefits are down 17%, and medical bill payment benefits are down 20%. Since workers’ compensation is no-fault insurance, insurance company lawyers cannot deny liability. But, they can and do challenge the amount of benefits.

A Marietta personal injury lawyer works hard to ensure job injury victims get the victims they need and deserve. These benefits are available to both trauma injury victims, like falls, and occupational disease victims, like hearing loss. Both kinds of injuries are often difficult to diagnose and treat. Job injury victims in Georgia usually have the right to choose their own physicians. So, these victims get the treatment they need, as opposed to the treatment a company doctor is willing to provide.

Lost Wage Replacement

Vehicle Runs Over Pedestrians in Cobb County

September 2, 2022 | Benjamin S. Persons, IV

Few details were available after a predawn vehicle-on-pedestrian accident that sent a man to a local hospital in critical condition.

The wreck occurred on SR 120 in Cobb County.

Pedestrian Injuries

Common Injuries in Truck Crash Claims

August 26, 2022 | Benjamin S. Persons, IV

At a minimum, fully-loaded semi-trucks weigh over 80,000 pounds. Especially if they carry consumer goods, state and federal regulators almost routinely give truckers overweight waivers. Although today’s cars and trucks have many more safety features than the ones made 20 years ago, modern safety features cannot possibly absorb all the force in a high-speed truck wreck.

Largely because of this excessive force, the average injury-related medical bill in a serious injury claim exceeds $100,000. If the victim required helicopter medevac, which is common in these cases, the medical bills could exceed $150,000. Generally, group health insurance companies refuse to cover such costs. So, a Marietta personal injury attorney connects victims with doctors who, even though they are tops in their fields, charge nothing upfront for their services.

Head Injuries

Getting Around the Graves Amendment

August 19, 2022 | Benjamin S. Persons, IV

Georgia law regarding owner liability for U-Haul, Enterprise, and other rented vehicle wrecks is very complex. 49 U.S.C. 30106 makes these laws even more complex. In the wake of several large verdicts in the 1990s, including one that involved a fireball Enterprise Rent-a-Car wreck in Connecticut, lawmakers added the Graves Amendment to a large transportation bill in 2002. Rep. Sam Graves and his colleagues wanted this amendment to immunize owners of rented vehicles from liability lawsuits. However, as outlined below, the Graves Amendment contains some large holes.

In most cases, a Marietta personal injury attorney can use the complex Georgia laws to hold U-Haul, Enterprise, and other vehicle rental companies responsible for damages if they rent vehicles to individuals who cause crashes. This third-party liability is important because, in most cases, rented vehicle drivers have little or no insurance. Vicarious liability gives injured victims another way to obtain compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligent Entrustment