Marietta Injury Lawyer Blog

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.

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.