Marietta Injury Lawyer Blog

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

Ford to Appeal Defective Product Claim in Gwinnett County

August 12, 2022 | Benjamin S. Persons, IV

The automaker disagrees with a jury’s $1.7 billion verdict in a case involving a rollover crash that killed two people in 2014.

“I used to buy Ford trucks,” one observed remarked. “I thought nobody would sell a truck with a roof this weak. The damn thing is useless in a wreck. You might as well drive a convertible,” he added. During the trial, the plaintiffs cited reports of 80 similar rollover wrecks to support their defective product claims.

During closing arguments, Ford’s lawyer said that it is “simply not the case” that the automaker was irresponsible and willfully made decisions that put customers at risk.

The Fatal Four Construction Accidents in Georgia

August 5, 2022 | Benjamin S. Persons, IV

The Occupational Safety and Health Administration is responsible for over 130 million American workers at over eight million job sites. Yet OSHA has less than 2,000 inspectors to monitor all these workers. That translated to about one inspector for every 70,000 workers. So, if you believe government inspectors can keep your workplace safe, you may want to think again. OSHA estimates that the Fatal Four injuries, which are listed below, cause most workplace fatalities.

When government bureaucrats fail to protect people, a Marietta personal injury lawyer usually stands in the gap. Our team not only makes workplaces safer by forcing companies to put people before profits. We also obtain the financial compensation these survivors need and deserve. They need it to pay medical bills and other final expenses. They deserve it because, in most cases, the workplace accident was not the decedent’s fault.

Falls

What You Should Know About Nursing Home Falls

April 8, 2022 | Benjamin S. Persons, IV

Frequently, a fall puts a person in a nursing home, and a subsequent fall keeps the person there longer than expected. Falls account for 40%of nursing home admissions, and 60% of residents fall at the facility.

Understaffing and overcrowding contribute to many of these incidents. Groundskeeping and other such maintenance areas are often the first things to get cut when nursing homes have trouble hiring workers. Additionally, since the elderly population is expanding so rapidly, many facilities are almost constantly under construction. Construction zones are hazardous for older adults.

Falls normally cause very serious injuries. A Marietta personal injury attorney can obtain the compensation these victims need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Feds Continue Watering Down Truck Driver Safety Rules

March 31, 2022 | Benjamin S. Persons, IV

Truck drivers hauling certain consumer products are exempt from some HOS (Hours of Service) rules, according to the Federal Motor Carrier Administration.

The latest exemption does not expire until May 2022 at the earliest. In a statement, the FMCSA stated the extension was necessary, even though COVID-19 cases are dropping, since “persistent issues arising out of COVID-19 continue to affect the U.S. including impacts on supply chains and the need to ensure capacity to respond to variants and potential rises in infections. Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains.”

The HOS waiver applies to drivers carrying livestock, feed for livestock, fuel, most medical supplies, and most food and paper products.

What to Do if You are Involved in a Ride-Sharing Accident in Georgia

March 25, 2022 | Benjamin S. Persons, IV

Gone are the days where taxi cabs reigned supreme as the preferred way to get from point A to point B. An increasing percentage of Americans are using ridesharing services like Uber or Lyft. The ease and notoriety of ridesharing services has increased over the years, and it is safe to say that the percentage of Americans who use ridesharing services will continue to grow. The fact that so many Americans are turning to ridesharing services will likely lead to an increase in car accidents involving Uber and Lyft drivers. What happens if you are the driver or the passenger in a ridesharing service car accident in Atlanta?

Insurance Issues in Atlanta Ridesharing Car Accidents

The legal insurance requirements for typical Georgia drivers and ridesharing service drivers are quite different. Regular drivers must carry $25,000 per person and $50,000 per car accident of bodily injury liability insurance. They must carry at least $25,000 of property damage liability insurance per accident.

Georgia Auto Accident Lawyers Use Expert Witnesses

March 18, 2022 | Benjamin S. Persons, IV

Sometimes, the causes and results of a vehicle collision are easy to understand. Take this example:

Driver YZ failed to stop at the red light
YZ’s car crashed into the victim BC’s car in the intersection

Liability Issues in Substance-Related Collisions

March 11, 2022 | Benjamin S. Persons, IV

Before the coronavirus pandemic, drug and/or alcohol impairment was a factor in almost half of vehicle collisions in Georgia. This proportion increased during 2020. Drug use, particularly antidepressant use, went up during the lockdowns. At the same time, DUI enforcement dropped off significantly. Bad habits, such as driving while impaired, have persisted even as lockdowns ended.

Compensation is often rather high in substance impairment wrecks. Arguably, these individuals know they should not get behind the wheel. Instead, they knowingly endanger lives and property by driving. Additionally, these wrecks have high catastrophic injury and fatality rates. Moreover, in addition to high compensatory damages, a Marietta personal injury attorney can often obtain punitive damages in these cases as well.

First Party Liability

Deadly Fireball Wreck in Atlanta

March 4, 2022 | Benjamin S. Persons, IV

Police are unsure what caused a serious injury collision on Interstate 20, but they are certain that the crash killed two people and seriously injured several others, including an infant and a teenager.

Investigators believe that a Chevrolet pickup swerved to avoid a Dodge Charger and slammed into a retaining wall. The Charger’s driver and a pickup’s passenger died at the scene. All injured victims, including the two children, were rushed to a nearby hospital with serious injuries.

A dog in one of the vehicles was also seriously injured.