Marietta Injury Lawyer Blog

What You Should Know About Georgia Workers’ Compensation

August 13, 2021 | Benjamin S. Persons, IV

If you were recently injured on the job, you may have started the process of filing for workers compensation benefits. The following article will provide some helpful information you should know about workers’ compensation in Georgia.

Important Information Regarding Georgia’s Workers’ Compensation

You have 30 days to report the accident to your employer. Pursuant to O.C.G.A. § 34-9-80, an employee must report an injury-causing work accident to his employer within 30 days after the date the accident occurred.

Georgia Enacts Changes to Law Regarding Teen Driving

August 6, 2021 | Benjamin S. Persons, IV

According to the Centers for Disease Control and Prevention (CDC), about 2,400 teenagers (aged 13 to 19) were killed in car accidents in 2019. This same year, an estimated 258,000 teenagers were treated in emergency departments for injuries suffered in car crashes. Georgia has recently enacted some changes to a law that was created to reduce the amount of teenage car accidents.

Joshua’s Law

In 2007, the state of Georgia enacted “Joshua’s Law.” On July 1, 2003, 17-year-old Georgia resident Joshua Robert Brown was driving on a two-lane highway in the rain when his vehicle began to hydroplane and crashed into a tree. The accident left Joshua severely injured and though he fought to stay alive for nine days, he finally passed away on July 9, 2003.

How to Report Nursing Home Abuse in the State of Georgia

July 30, 2021 | Benjamin S. Persons, IV

Unfortunately, elder abuse is extremely common, especially within the confines of nursing homes and other long-term care facilities. The following article will discuss some signs of nursing home abuse and will provide information regarding how to report suspected cases of nursing home abuse in the state of Georgia.

Most Common Signs of Elder Abuse in Nursing Homes

Just like with any other form of abuse, there are often several warning signs present which indicate that an elderly person is being abused in a nursing home facility, even if that person does not or cannot verbally confirm this fact. Some of the most common warning signs of elder abuse include the following:

Understanding Products Liability Claims in Georgia

July 23, 2021 | Benjamin S. Persons, IV

If you were ever injured by using a product, you may have a valid products liability claim. It is important to understand what a successful products liability claim requires. The following will provide some helpful information regarding products liability claims in the state of Georgia.

What is a Products Liability Claim?

Generally speaking, a products liability claim is based on the theory that a party should be held accountable for manufacturing, designing, producing, selling, or reselling a defective product that causes injury to a person.

Crashes With Large Trucks are Bad News for Cars

July 16, 2021 | Benjamin S. Persons, IV

Size matters in traffic accidents. Traffic accidents involving large vehicles frequently result in more, and more severe, injuries to those in the smaller vehicles. 18-wheeler commercial trucks are the blue whales of the highways. Nothing is bigger. Consequently, accidents between passenger cars and tractor-trailer rigs are much more likely to end in death or severe injuries, with those fates falling disproportionately upon the occupants of the passenger vehicles. It is not that the occupants of the 18-wheelers are never killed or injured – of course they are. But the occupants of passenger vehicles involved in accidents with tractor-trailers invariably suffer more serious injuries.

Accidents With Large Trucks Can Lead to Severe Injuries

More than 4,100 people were killed in traffic accidents involving large commercial trucks in 2019. In 2018, there were 176,000 people injured in such accidents. Of the 2019 fatalities in crashes involving large trucks, only 16% were occupants of the trucks, while 67% were occupants of passenger vehicles. The rest were motorcyclists, bicyclists, or pedestrians. Similarly, in 2018 82% of the deaths in accidents involving tractor-trailer rigs and other large commercial trucks occurred among people who were not occupants of the trucks. Every year, the vast majority of both injuries and fatalities in crashes involving large commercial trucks and passenger vehicles are not occupants of the trucks.

How to Deal With Aggressive Drivers in Georgia

July 9, 2021 | Benjamin S. Persons, IV

Road rage has been on the rise lately in the state of Georgia. In fact, just this year there have been over a dozen road rage shootings in Atlanta alone. The Georgia State Patrol has indicated that it is working diligently to deal with these road rage issues. Georgia State Patrol Sergeant Jay Trawick has asserted that there are things drivers can do to safely avoid a road rage accident. The following article will address some ways to deal with aggressive drivers and minimize the occurrence of road rage accidents.

What is road rage?

Road rage occurs when a driver commits an assault with a motor vehicle or other dangerous weapon on the driver or passengers of another motor vehicle. This conduct can endanger other people and property. A driver typically engages in road rage when the conduct or actions of another driver enrages him enough to respond with aggressive behavior.

Should You Handle Your Own Settlement Negotiations?

July 2, 2021 | Benjamin S. Persons, IV

If you have suffered an injury in some kind of accident, is it a good idea to handle your own settlement negotiations? Some people think so. They can see themselves saving the cost of an attorney, and they might have a job that they believe gives them the ability to negotiate a settlement for their injury. No matter what your background is, however, unless you are a personal injury attorney, it is unlikely that you have the experience and knowledge necessary to successfully negotiate a satisfactory settlement. You might think you are a shrewd bargainer, but you will be facing an insurance adjuster or the other party’s attorney – or both – who have been a part of dozens, if not hundreds, of such negotiations, while you will be involved in your first. Still like your odds?

Most Personal Injury Cases Settle

You will only get one shot at a good settlement, so it makes sense to do everything you can to get the best settlement possible. That probably does not involve you handling negotiations yourself. Virtually all aspects of life have become more complex, and the legal system is no different. It is unlikely you have the skills or knowledge to successfully handle your own legal case, including settlement negotiations. Nothing personal, but that is the way things are these days.

Georgia’s Negligent Security Laws

June 30, 2021 | Benjamin S. Persons, IV

In Georgia, property owners can be liable for injuries to people entering their premises. This is because property owners owe a duty to entrants to ensure that their premises are safe. This duty to keep entrants safe on the premises also extends to protecting entrants from the criminal conduct of third parties on the premises. The following will explore the concept of negligent security in Georgia.

What is Negligent Security?

Property owners have a duty to protect people who enter their premises from the criminal conduct of third parties on the premises. The term “negligent security” is used to describe a situation in which a property owner fails to take the appropriate security measures to ensure that entrants are protected from the criminal actions of third parties.

Speed Limiters for Large Commercial Trucks Might be Back on the Agenda

June 25, 2021 | Benjamin S. Persons, IV

In August of 2016, the federal government proposed regulations to require that large commercial trucks be equipped with speed limiters. The proposed regulation did not set firm top speeds, but suggested the limiters could be set at 60, 65, or 68 miles per hour. All of those speeds are below – often well below – the top interstate highway speed limits across the nation. Only Hawaii has a top speed limit as low as 60, while many states have top limits of 80 miles per hour, and most have top speed limits of 70 or 75 on non-urban interstates. Just a few months after the regulations were proposed, Donald Trump was elected president and began an effort to reduce regulations. Speed limiter regulations died on the vine.

Speed-Limiter Regulations May Undergo a Revival Soon

The trucking industry at large considers it likely that the Biden administration will impose further regulations rather than eliminating them, making it a decent bet that speed limiters for large commercial trucks will be back on the regulatory table. One industry publication considers regulations on speed limiters among the most likely to be brought back to the table under the new administration.

Why Do I Need a Personal Injury Attorney?

June 18, 2021 | Benjamin S. Persons, IV

If you were recently injured and are intending to file a personal injury claim, you may not know exactly where to begin. Should you hire an attorney? Is that actually necessary? What benefits come with hiring an attorney to handle your personal injury claim? The following article will provide a few key reasons why you should consider hiring a personal injury attorney.

An attorney can help you build a stronger personal injury case.

Personal injury lawsuits require that you prove that another party is responsible, at least in part, for your injuries. Oftentimes, it can be difficult to prove with certainty exactly who or what was the cause of your injuries. This is when it would be helpful to hire a personal injury attorney, who can gather evidence to help you properly identify the cause of your injuries and the responsible parties.