Marietta Injury Lawyer Blog

Commercial Truck Involved in Deadly Hit-and-Run Crash on the Interstate

February 18, 2022 | Benjamin S. Persons, IV

Some months ago, State Police and local highway authorities were searching for a large commercial truck that they believed was involved in a deadly hit-and-run collision. The truck accident occurred in the early morning hours on a stretch of road in Marietta.

Georgia State Police believe that a yellow Volvo tractor trailer was traveling westbound and attempted to make an unlawful U-turn on the highway. An oncoming car struck and drove under the truck’s trailer. Tragically, the driver and the passenger of that vehicle were killed in the wreck. Witnesses say the truck pulled into a nearby parking lot before fleeing the scene of the accident.

Georgia Law: Drivers Must Stop and Remain at the Scene of a Crash

Obtaining Compensation for Dog Bite Injuries in Georgia

February 11, 2022 | Benjamin S. Persons, IV

The number of animal attacks has increased significantly over the years. Today, dogs bite millions of Americans every year. A significant number of these attacks cause serious injuries. Some of these serious injuries are outlined below. Much like the number of attacks, the medical bills associated with these bites have increased, as well. That is partly due to high medical bill inflation and mostly due to a better understanding of dog bite injuries.

These victims can work with a Marietta personal injury attorney and obtain the compensation they need and deserve in these situations. Dog bite victims have several options in Georgia, and each option has some pros and cons. However, a number of insurance company defenses are available as well. Common ones include provocation, which is a form of comparative fault, and assumption of the risk, which usually involves a “Beware of Dog” warning sign. So, only the most aggressive and experienced lawyers should handle these cases.

Direct Physical Injuries

Electronic Evidence in Truck Wreck Claims

February 4, 2022 | Benjamin S. Persons, IV

Since 2009, the number of large truck accidents in Georgia has increased by 47%. These wrecks often cause catastrophic injuries, like serious burns and head injuries. Diesel fuel burns at a different temperature from ordinary gasoline, and a fully loaded large truck weighs more than 80,000 pounds. So, these wrecks often involve fires and almost always involve an unbelievable amount of force.

Electronic evidence is often very compelling in these cases. This kind of proof resonates well with tech-savvy Cobb County jurors. Additionally, most courtrooms have large, HD monitors. When jurors see these screens, they expect to see pictures on these screens. So, a Marietta personal injury attorney usually tries to present as much electronic evidence as possible. This proof increases the chances jurors will award maximum compensation for your serious injuries.

Event Data Recorder

The Five Types of Driving Impairment

January 31, 2022 | Benjamin S. Persons, IV

During coronavirus pandemic lockdowns, many Georgia motorists developed some bad driving habits, including speeding, not wearing a seat belt, and driving while impaired. Before the pandemic, operator impairment accounted for about half of the fatal car crashes in the Peachtree State. There is no telling how high the proportion is now. Impaired driving crashes are usually not “accidents.” People accidentally lose their car keys. They do not accidentally drive drunk and cause wrecks.

So, a Marietta personal injury attorney can usually obtain substantial compensation following an impaired driver wreck. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Generally, these cases do not go to trial. Instead, lawyers are usually able to resolve them out of court and on victim-friendly terms.

Alcohol

Fireball Dodge Charger Crash Near Forsyth Kills Four People

January 28, 2022 | Benjamin S. Persons, IV

A motorist who was trying to evade pursuing police officers apparently lost control of his car at speeds approaching 170mph. Four people between age 16 and age 22 died in the inferno.

A deputy operating a speed trap initially clocked a Dodge Challenger at 102mph. As the deputy pursued, the suspect sped away. That deputy lost sight of the vehicle, as did another deputy further ahead. When the driver tried to exit Interstate 75, the Charger barreled into a tree line and burst into flames. Two people were able to get out and the other four did not make it.

“It’s sad when young people lose their lives,” especially if the incident involves “poor choices,” opined Monroe County Sheriff Brad Freeman.

Foam Issues Prompt Recall of Philips Ventilators

January 21, 2022 | Benjamin S. Persons, IV

The same problem that plagued defective Philips CPAP sleep apnea treatment machines has affected another line of products.

This recall affects Philips Trilogy 100 and 200-series ventilators. The company previously recalled these ventilators in 2021, but the company assured the Food and Drug Administration that it had fixed the problem. Trilogy 100 and 200 ventilators, which are widely used in a number of settings, contain polyurethane foam linings to deaden the gadget’s sound. These vibrations break up the foam, so patients could inhale microscopic particles, which are highly toxic.

Unsafe continuous positive airway pressure machines, which pump air into sleeping people to keep their airways open, have already prompted tens of thousands of lawsuits throughout the country.

Dog Bites in Georgia: What You Should Know

January 14, 2022 | Benjamin S. Persons, IV

In 2020, mostly due to coronavirus restrictions, the number of dog bite claims fell slightly. However, the average settlement per claim hit an all-time high. Medical bill inflation, which has increased significantly since 2008, is partly responsible for this increase. Furthermore, doctors better understand the nature of dog bite physical and emotional injuries. More on that below.

Animal attack laws vary significantly in different jurisdictions. Georgia’s dog bite law is especially complex. Essentially, lawmakers have tried to balance the interests of pet owners, who usually want limited liability laws, and victims, who need protective laws. Typically, if you stay in the middle of the road, you get run over.

So, only a highly-experienced Marietta personal injury attorney should handle these claims. A less-experienced attorney might not be able 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.

Bus Drivers and Safety Responsibility in Georgia

January 7, 2022 | Benjamin S. Persons, IV

Intercity and municipal bus travel has increased significantly over the past 10 years. To accommodate more passengers, buses have also become larger over the past several years. Even experienced drivers have a hard time controlling such vehicles. Safe operation is even harder because, in most cases, drivers have multiple safety responsibilities. More on that below.

As passenger travel and vehicle size increase, the potential for serious injury increases, as well. Bus crash and other large vehicle injuries are often complex, usually because the victims live in different counties and even different states. So, only an experienced Marietta personal injury attorney should handle such claims. That is the best way, and often the only way, to ensure maximum compensation for your serious injuries.

Driver Safety

Fatal New Year’s Eve Wreck in Barrow County

December 31, 2021 | Benjamin S. Persons, IV

Investigators believe alcohol was the primary factor in a serious collision that killed one person and sent another one to a hospital.

The wreck happened near the intersection of Dee Kennedy Road and Emperor Lane. According to state troopers, a 55-year-old man, who was behind the wheel of a pickup truck, smacked into the rear of a 20-year-old’s Ford Focus. The force of the collision caused both drivers to lose control of their vehicles. The Focus left the road and careened into a tree, killing the driver almost instantly. Emergency responders rushed the other driver to a nearby hospital.

Charges are pending against the truck driver as the Georgia State Patrol Specialized Collision Reconstruction Team continues its investigation.

What is the Graves Amendment and Why Does it Matter?

December 24, 2021 | Benjamin S. Persons, IV

This federal law often affects U-Haul and other rental vehicle collision claims. A fully-loaded, 26-foot U-Haul truck weighs about 36,000 pounds. When these trucks are involved in high-speed collisions, the resulting injuries are often catastrophic.

Frequently, U-Haul drivers have little or no insurance. This lack of insurance is normally not a problem. Under the negligent entrustment rule, vehicle owners are financially responsible for damages if they knowingly allow incompetent operators to drive their motor vehicles.

Given the size of U-Haul trucks and the fact that the drivers normally do not have commercial licenses, many U-Haul drivers are incompetent. However, an obscure provision of federal law, the Graves Amendment, protects some U-Haul owners in some cases.