Marietta Injury Lawyer Blog

Watch Your Back for Rear-End Collisions

June 11, 2021 | Benjamin S. Persons, IV

Realistically, there is not much you can do if you are on the receiving end of a rear-end traffic accident. Few people keep a constant watch on their rear-view mirror to look for threats – pretty much everybody focuses their attention on what is ahead of them – and even if you see a car bearing down on you from behind, you rarely can tell if the person actually is going to hit your vehicle before stopping. Even if you know that to be the case, as often as not you have nowhere to go to get out of the way anyway. Most rear-end accidents happen when your vehicle is stopped and the driver of the vehicle behind you fails to notice in time.

Rear-end Accidents Happen More Than Any Other Collision

Rear-end crashes are the most frequent type of traffic accident, accounting for nearly one-third of all collisions on the roadways. Other sources claim that 40% of the 6 million or so traffic accidents in the United States annually are rear-end collisions. Either number is a significant percentage, especially if you are in the car being struck from behind. Occupants of the front vehicle in a rear-end accident suffer the most injuries. This is largely because the impact is unexpected for the occupants of the vehicle being hit from behind and they have no time to evade or prepare. Further, airbags are not designed to deploy in rear-end collisions and rarely do unless the car being rear-ended is forced into a vehicle in front of it by the impact. In contrast, the airbags in the vehicle behind deploy as designed. Common injuries among occupants of the vehicle struck from behind include face, head spinal cord, and neck injuries, as well as whiplash.

Understanding Wrongful Death Claims in Georgia

June 4, 2021 | Benjamin S. Persons, IV

As of 2019, there have been 173,040 unintentional deaths in the United States. Unintentional deaths can result from various incidents, such as work-related injuries, medical malpractice, or car accidents. When a loved one dies, it makes sense that survivors would want to file a wrongful death claim against the person or entity they believe caused the death. The following article will provide some vital information regarding wrongful death claims in Georgia to assist you if you decide to file a claim.

What is a Wrongful Death Claim?

A wrongful death claim typically asserts that the decedent’s death was the result of a person’s negligence or misconduct. Wrongful death claims can apply to all types of fatal accidents, ranging from car accidents to medical malpractice. Various individuals can be sued in wrongful death suits, such as the driver in a car accident fatality or the physician in a medical malpractice fatality.

Tips for Avoiding Construction Accidents in the Workplace

May 31, 2021 | Benjamin S. Persons, IV

According to the Bureau of Labor Statistics, there were approximately 1,061 work-related deaths in the construction industry in 2019. This is the highest number of deaths among construction workers since 2007. The following article will discuss some causes of construction accidents as well as some practical steps for employers to avoid these accidents at the workplace.

What are Some Common Causes of Construction Accidents?

There are many factors which can contribute to construction accidents in the workplace, but some major factors include:

Understanding Georgia’s Slip and Fall Laws

May 28, 2021 | Benjamin S. Persons, IV

Slip and fall accidents currently account for over 1 million hospital visits. If you are injured in a slip and fall accident in Georgia, there are some things you should understand about the state’s laws regarding slip and fall accidents before you decide whether to file a personal injury claim.

You Have to File Your Claim Within Two Years

According to Georgia Code, an individual has two years from the date of the slip and fall accident to file a personal injury claim. This also applies to all other personal injury claims in the state of Georgia.

Child Pedestrian Deaths

May 21, 2021 | Benjamin S. Persons, IV

No parent with young children wants to even contemplate a child of theirs being hit by a car while playing in the neighborhood. The fact is, though, that it happens, and it happens far more often than most people probably realize. In 2009 it was estimated that, on average, every year about 900 pedestrians 18 or younger were killed in traffic accidents. An additional 51,000 were injured, with more than 5,000 of those requiring hospitalization. Younger children made up less than a quarter of those 18-and-under pedestrian fatalities, but big numbers are not necessary for something to be a tragedy. Every young child struck by a car, much less killed, is a tragedy.

Child Pedestrians are at Risk Near Traffic

There were 6,205 pedestrian deaths total in 2019, representing 17% of all traffic-accident deaths. However, those statistics include only traffic deaths, meaning those deaths that occurred on roadways. An estimated 7,668 pedestrians died in 2019 in all vehicular accidents, including those fatalities that happened in accidents that did not occur on public roads. That includes pedestrian deaths that happened in parking lots, driveways, and on private property, resulting in a higher total than reflected by only those pedestrian deaths that occurred on roadways. In 2019, there were 206 pedestrian deaths among children 15 years old and younger, and 424 among pedestrians 20 years old and younger. Of all child deaths in traffic accidents in 2019, 73% were occupants of passenger vehicles, while 16% of those children killed in traffic accidents in 2019 were pedestrians. About 20% of all child traffic fatalities under the age of 15 are pedestrians. Child pedestrian deaths have declined dramatically since 1975, decreasing by 92% from 1975 through 2019. Even so, pedestrians overall are 1.5 times more likely per trip to die in a traffic accident than are the occupants of passenger vehicles.

Don’t Snap and Drive: Social Media Companies Face Accountability for Their Role in Car Accidents

May 14, 2021 | Benjamin S. Persons, IV

Social media can be a valuable tool in our modern society. It helps keep us connected and updated on what is happening around the world. However, sometimes the use of technology can be dangerous, especially while driving. Can social media companies be held responsible when drivers are injured while using their apps? The following article will discuss two recent cases in which plaintiffs attempted to hold Snapchat (Snap, Inc.) responsible for its alleged role in contributing to car accidents.

Lemmon v. Snapchat

In 2017, three young men in Wisconsin were killed in a car accident while using Snapchat’s “speed filter.” The driver of the vehicle was traveling at speeds of up to 123mph and attempted to document his actions on Snapchat. In the process, he ran the car off the road and crashed into a tree, killing himself and the other passengers.

Understanding Georgia Law on Dog Bites

May 7, 2021 | Benjamin S. Persons, IV

If you or someone you know has ever been bitten by a dog, you know that it can be a scary and traumatic experience. It is understandable and foreseeable that a person bitten or attacked by a dog would attempt to sue the dog owner for their injuries. It is crucial to understand the specific laws regarding dog bites in the state where the accident occurred, as dog owners can escape liability in some states based on the language of the statute(s). The following article will discuss the laws regarding dog bites in the state of Georgia.

The “One-Bite” Rule

One of the foundational principles of strict liability in common law is known as the “one-bite” rule. This principle asserts that a dog owner will not be held strictly liable for any injuries their dog has caused unless there is evidence to show that the owner knew or should have known that the dog had the propensity to bite or attack. For example, if a dog has bitten or attempted to bite someone in the past, that is sufficient to show that the owner should have been aware of the dog’s dangerous propensity and should have taken appropriate actions to control the dog’s behavior. However, most states have either rejected this principle or have modified it in their statutes.

What to Do Immediately After a Car Accident

April 30, 2021 | Benjamin S. Persons, IV

Unfortunately, car accidents are an inevitable part of life. In Georgia, car accidents are the leading cause of injury deaths and the second-leading cause of hospitalizations and emergency room visits. Even if you are a cautious driver, you may be involved in an accident with another driver. Being in a car accident can be a traumatic experience, and if you have never been in a car accident before, you may not know what steps you are supposed to take afterwards. The following tips will provide you with the necessary steps to take if you are ever involved in an accident.

Move your vehicle

If your accident is minor and there is no major structural damage to the vehicle, move the vehicle out of traffic, preferably to a well-lit area. This will help minimize the risk of other vehicles colliding with your car while it is sitting in traffic and will ensure that you and your vehicle are safe from oncoming vehicles.

Summer Brings Heightened Risk of Swimming Pool Injuries

April 23, 2021 | Benjamin S. Persons, IV

With summertime rapidly approaching, hot sunny days cannot be far behind. Few things go better with a hot summer day than a refreshing dip in a swimming pool. While refreshing, however, that dip in the pool is not risk free, as accidents in and around swimming pools result in thousands of injuries and deaths each year. Young children are particularly at risk, especially those too young to know how to swim. Summer is a time for having fun in and around water, but be sure to exercise necessary cautions.

Pool-Related Injuries and Deaths Happen Frequently

When discussing swimming pool accidents, drownings often are among the first topics raised, and might even be the only topic discussed. Drownings and near-drownings, which are not fatal but can result in severe injuries, are the cause of thousands of deaths and injuries every year. From 2005 through 2014, 3,536 people on average drowned every year. Drowning is the fifth-leading cause of accidental deaths in the U.S. each year. There were more than 3,700 people who died from drowning across the country in 2016. While those drownings took place in all bodies of water, many of those drownings, fatal and non-fatal, occur in swimming pools. Children younger than the age of 15 account for a significant number of those drownings and near-drownings.

Power Tool Accidents are Common at Work

April 16, 2021 | Benjamin S. Persons, IV

Power tools are a common presence in American homes and workplaces. Millions of people have power tools at home, ranging from the most basic, such as drills or power screwdrivers, all the way up to fully equipped home woodshops or metal shops. Cordless or corded, power tools are everywhere, and this is particularly true in many American workplaces. Many occupations, including most manufacturing jobs, construction, and trades, including electrical work and plumbing, rely heavily upon power tools. They make completing many jobs safer, faster, and more efficient. Think about trying to build a house without even so much as a power saw. Putting so much power in such a small package – many power tools are hand-held – is, unfortunately, often a dangerous proposition, even for professional users. Not surprisingly, then, workplace accidents involving power tools are fairly common events.

Injuries From Power Tool Accidents Can be Serious

Many people use power tools at home, completely unrelated to on-the-job use of power tools. Such at-home use, rightly or wrongly, can give employees a false sense of knowledge and security regarding use of power tools on the job. The problem, of course, is that the types and power of tools used on the job far exceed what most home power tool users have experienced. When employees believe they know “enough” about operating power tools, particularly hand-held power tools, they may be able to avoid training or pay little attention during training.