Georgia Injury Lawyer Blog

Our personal injury practice reflects pretty much what we see in national statistics concerning the rising rate of motorcycle injuries and accidents. We are seeing more and more clients seriously injured in motorcycle accidents. In large part, this is primarily due to increased numbers of motorcycle riders. Motorcycle registrations have more than doubled since 1997. In 2006, almost 6.5 million motorcycles were registered in this country. The good news is that the number of deaths and injuries resulting from these 6.5 million motorcycles is no greater than the number of deaths when 5 million registrations existed in 1986. The bad news is that even though motorcycles make up 2% of the vehicles on the road, they also make up close to 10% of vehicular accidents.

If you ride a motorcycle in this country, you are 37 times more likely to die in a crash than someone in a passenger car. Even though the number of motorcycle registrations have gone up dramatically, which would explain why motorcycle deaths have more than doubled in the past 10 years, motorcycle accidents kill more Americans each year than all those caused by much higher profile plane crashes, ship disasters, and railway accidents combined.

With increasing gas prices, we are likely to see a continuing rise in motorcycle usage. While many states require that motorcyclists wear helmets, in some cases, a helmet would make no difference. Nonetheless, the National Highway Traffic Safety Administration estimated that between 1984 and 2000, 19,000 motorcyclists were saved by their helmets. These statistics are, of course, hard to quantify on a case by case basis but given the lack of protection that a motorcyclist has when involved in an accident, it seems a safe bet that helmets do matter. What matters even more, however, is motorcycle safety and rider education. Widespread motorist awareness campaigns educate the general motoring public to be aware of motorcycles. Increasing public awareness campaigns will be needed as more and more people register motorcycles in view of rising gas costs. Regrettably, our personal injury lawyers will probably continue to see a rise in the number of those that walk through our firm’s doors who have been seriously injured and/or who have had family members die as a result of their motorcycle usage. In short, the more people that ride, the more accidents that will occur and the more tragedies that will be suffered. As always, the operative watch words for motorcycle riders remains the same: Safety, Safety and Safety.

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Posted In: Automobile Accidents , Torts , Wrongful Death

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Our personal injury lawyers read today about a serious accident case involving an overturned school bus which apparently lost control and overturned about 40 miles north of Atlanta near Canton, Georgia. It was traveling from one high school to a middle school when the accident happened. When the bus overturned, even though no students were ejected from the bus, according to initial reports, approximately 25 students were injured. Two were reported to be in critical condition.

Initial news accounts state that the bus driver apparently lost control of the bus after going around a curve. The bus overturned on its side. It is doubtful that this school bus was equipped with seatbelts. Had the seatbelts been in place, one must wonder whether the two students in critical condition would have been as seriously injured as they apparently were.

Approximately one year ago, another bus ran over the top of an exit ramp crashing off of a bridge onto its side on Interstate Highway 75. This involved the Bluffton University baseball team. There were seven (7) deaths associated with that incident. In that accident, there were no seatbelts available for the baseball team occupants and some of those killed had been ejected. In the most recent case involving the school bus, many were injured and some perhaps critically once again because of joint and concurring driver negligence and the lack of seatbelts.

One must wonder how many more accidents there will have to be before Congress will require seatbelts for school buses and other motor carriers for hire such as commercial buses that one sees almost daily in large metropolitan areas. Until and unless seatbelts are required, our lawyers and the public will regretfully and, in all likelihood, continue to read about preventable injuries to bus occupants.

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Posted In: Automobile Accidents , Products Liability , Torts

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Truck driver fatigue is a factor in a significant number of truck accidents involving deaths and other injuries, according to the Federal Motor Carrier Safety Administration, the government agency generally in charge of promoting trucking safety. Consistent with the Bush administration’s continuing policy of protecting the interests of big business (at the expense of the public), in 2004, the federal government catered to the trucking industry and its lobby by changing the rules concerning hours that a trucker may drive. The rules actually increased the permissible driving hours and resulting trucker fatigue hazard. An article on the Insurance Institute For Highway Safety (IIHS) website even pointed out that since those new hours - in-service rules went into effect, truckers have been driving more hours and falling asleep more frequently.

Bureaucrats changing the rules, meant to protect the public, to circumvent congressional intent are nothing new to the current administration. We have seen similar conduct with respect to agencies like the Federal Drug Association (FDA). For instance, in January of this year, the FDA issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendment’s Act of 2007 (FDAAA). Unlike the FDA’s proposed rule, Congress intended the duty to warn customers of a drug’s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim immunity for failing to warn patients of potential drug hazards.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents

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Our Atlanta personal injury lawyers know that truck accidents on Georgia’s freeways continue to leave a legacy of death, paralysis, closed head brain damage and other personal injuries for numerous innocent victims.
I have read that almost 5,000 people are killed each year in truck-related crashes. Because of their size and often dangerous pay loads, automobile accidents involving commercial trucks are devastating to pedestrians and occupants of other vehicles. I was recently reading about the increase in Mexican truck traffic on U.S. highways since the passage of the North American Free Trade Agreement (NAFTA). By way of a little history, a 1982 U.S. ban kept Mexican trucks off most of the highways of our southern border states, leaving truck accidents to the domestic trucking industry. However, even after NAFTA took effect in 1994, the ban held until a 2004 U.S. Supreme Court ruling removed the ban and opened wide the gates to Mexican truck traffic. Despite efforts by consumer organizations concerned about truck accidents, car accidents, exhaust pollution and other public-safety issues, eventually Mexico-based trucks were allowed freely onto America’s roads. Given the likely substandard condition of these trucks, the likely lack of regulation of that industry in Mexico and the likely absence of driver training one has to wonder what the future holds. The reality is that we are all at greater risk of car accidents.

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Posted In: Automobile Accidents , Brain Injury , Truck and Tractor Trailer Accidents , Wrongful Death

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There is a well-kept secret of the insurance industry - one unknown to most personal injury victims of car accidents, truck accidents, SUV roll-overs and other motor vehicle crashes: Namely, Georgia state law automatically includes “uninsured or underinsured motorist coverage” (UM/UIM) in the typical auto liability insurance policy. However, in Georgia, that is not the case if the policyholder rejects that coverage in writing at the time the liability coverage is purchased or renewed. Uninsured motorist coverage or Underinsured motorist coverage exists to provide the policyholder (and certain others) with protection from “the other guy” who either has no liability insurance coverage, or has less coverage than the total of all of the personal injury victim’s legal losses - - called “damages” - such as pain and suffering, mental anguish and so on. In Georgia, each policy should have a minimum of $25,000.00 of such UM/UIM coverage.

It has been our experience that uninsured motorist (UM/UIM) coverage is usually quite cheap. Given the number of uninsured drivers and drivers with the minimum required coverage ($25,000.00) on Georgia’s roads, this coverage is a bargain. It is our belief that because the coverage is cheap and the chances that they will have to pay uninsured motorist claims is high, insurance companies rarely try to sell this coverage and are more than happy to have you waive your right to the coverage. Never decline uninsured motorist coverage and always try to purchase additional coverage if possible.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents , Uninsured Motorist Coverage , Wrongful Death

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Truck wrecks occur more often than one would think in and near a busy city like Atlanta. When they do occur people often sustain very serious injuries and many such accidents result in the death of innocent people. The injury lawyers in our firm have “seen it all” when it comes to the causes of these tragedies. These causes run the gamut and include everything from simply not paying attention to driving under the influence of drugs and alcohol. We have even had a case where the driver switched seats with another driver while speeding down an interstate highway with a trailer loaded with steel.

When evaluating an injury or death case a lawyer must consider which theories of liability he will employ to hold the driver and the trucking company responsible. These may include: (1) negligent hiring, entrustment or retention of a driver, (2) negligent inspection, maintenance or repair of the truck and violations of Federal Motor Carrier Safety Regulations. Many times, insurance companies that insure trucking companies actually make hiring decisions of drivers. Depending on the facts of a case, there may even be a negligent entrustment claim that can be made against the insurance company for the motor carrier. A good lawyer will leave no stone unturned when handling a truck wreck case.

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Posted In: Automobile Accidents , Brain Injury , Truck and Tractor Trailer Accidents , Wrongful Death

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This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 10:

10. Is my case likely to settle or will it go to trial and, if so, how long will the process take?

Answer: Over 90% of all serious injury claims are settled by means of compromise. While every case is different and dependent upon the facts involved, most cases do settle but sometimes it takes considerable time to achieve a settlement. This is because there are always unique issues concerning whether the at fault defendant’s liability is indisputably established and whether they have sufficient insurance coverage to pay all damages caused by their negligence. If there is sufficient coverage, and damages are clearly demonstrated, settlements can occur on a quicker basis than those cases where liability is disputed and/or the damages are difficult to assess.

Many times, injured individuals have prior medical histories which complicate settlement discussions. If someone with a bad back is injured in a hypothetical automobile collision, in such a case it is always difficult to separate the wheat from the chaff. Was the back already injured such that the new injury merely constituted an aggravation and, if so, to what extent was the problem aggravated by the trauma? These are difficult questions to resolve and many time reasonable men can differ over the value of such claims. The good news, again, is that in 90% of all cases, a compromise is worked out and a settlement achieved.

The time it takes to resolve a serious injury case, again, is dependent upon the facts involved. The clearer the evidence the quicker the settlement. The more ambiguities are involved in the case with respect to the issue of liability for the damages and the damages, the longer the process takes.

Continue reading "Georgia Serious Injury Cases: Frequently Asked Question Number 10" »

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Posted In: Automobile Accidents , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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Our Atlanta truck wreck lawyers handle automobile accidents involving personal injury and death claims frequently. Many of those accidents involve tractor trailers owned and operated by trucking companies, also known as motor carriers. These trucking companies fall into two categories: (1) interstate carriers and (2) intrastate carriers. Interstate carriers are those that operate and carry cargo across state lines and intrastate carriers operate entirely within the boundaries of a particular state. Those trucking companies that operate across state lines are required to register with the federal government and comply with various federal laws. Intrastate carriers need only comply with state laws although some states have adopted federal regulations as their own. Lawyers who litigate truck wreck cases are familiar with these laws and carefully scrutinize the facts of a case to determine whether there has been compliance by the truck driver and the trucking company. There are very important differences between the federal regulations that apply to interstate carriers and those regulations that apply only to intrastate carriers, none the least is the difference in the amount of liability insurance they are required to carry.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents , Wrongful Death

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This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9:

8. If I am injured by a third party, but I am also working on the job at the time, am I entitled to both workers’ compensation coverage and a liability settlement?

Answer: The answer is yes although there may be a claim for subrogation made by the workers’ compensation insurance carrier. If an employee is injured while working for an employer and their injury comes about as a result of the acts of a third party, the injured individual may obtain both workers’ compensation benefits and liability insurance coverage to the extent the at fault defendant has such coverage. If a settlement is eventually obtained from the liability insurance carrier for the at fault defendant, the issue arises as to whether a portion of the settlement has to be repaid to the workers’ compensation insurance carrier for the employer. The general law in Georgia is that there is no right of subrogation unless the injured individual is first “made whole” for all of his/her damages which includes complete compensation for pain and suffering, past, present and future, complete compensation for medical expenses past, present and future, and complete compensation for lost wages, past, present and future. Unless an injured employee is “made whole” for all such damages, even if they have received workers’ compensation benefits and a liability settlement arising out of a hypothetical automobile accident, the injured individual will not be required to repay his or her employer’s insurance carrier for workers’ compensation benefits received. In the context of a case where an injured individual is not made whole, there is no right of subrogation. Accordingly, in many cases, the employee injured on the job with a valid claim against a third party may receive both workers’ compensation benefits and liability protection from the third party.

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Posted In: Automobile Accidents , Torts , Uninsured Motorist Coverage , Wrongful Death

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This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 8:

9. If I have no health insurance and the at fault driver has little or no liability insurance coverage, what happens if my medical bills exceed available coverages?

Answer: This is a sad case that we see far too often in our practice. The hypothetical at fault driver has run the stop sign or red light and has caused serious injuries. The at fault driver has minimum limits of $25,000.00 which are insufficient to pay the medical expenses incurred. The injured individual has no health insurance. Thus, medical expenses exceed all forms of available coverage. What happens? Typically, lots of problems. If the medical expenses exceed available coverage then counsel will attempt to negotiate some type of settlement with the hospital and healthcare providers because there is simply not enough money to go around and what is available needs to be divided on an equitable basis. Sometimes this works and sometimes it does not. If there is a Hospital Lien, for example, the Hospital Lien takes priority by operation of law and all of the settlement funds might have to be paid to the hospital leaving the injured individual with nothing. Again, these are sad and complicated cases requiring careful review by experienced counsel. This, of course, is why it is so important that the public protect itself through Medical Payments coverage, health insurance coverage, disability coverage and/or any other forms of coverage such as uninsured motorist coverage if such coverage can be purchased and is affordable. If such coverage is not affordable and the injured individual has nothing then literally they are at the mercy of the resources of the at fault defendant which in many cases are themselves grossly insufficient to pay for medical expenses, much less pain and suffering and lost wages.

It is quite possible in these sad and tragic cases that the injured individual ends up declaring bankruptcy if the medical expenses are huge. In a serious injury case, medical expenses can literally be in the hundreds of thousands of dollars. It is easy to see that if the at fault driver only has $25,000.00 and medical expenses are in excess of $200,000.00 that there is simply not enough money to go around. If the injured client has no heath insurance and the at fault driver only as $25,000.00, in the hypothetical case cited, there would be unpaid medical bills in the amount of $175,000.00. Bankruptcy might be the best alternative in such a case if something cannot be worked out by and between the healthcare provider and counsel for the client. This is the reality of any case where the client has no protection for himself and the at fault driver has little or no coverage either. Again, the best way to protect against such a catastrophe is to purchase healthcare coverage and uninsured motorist coverage if at all possible.

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Posted In: Automobile Accidents , Torts , Uninsured Motorist Coverage , Wrongful Death

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This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 7:

7. If the at fault driver has no insurance coverage whatsoever, can I recover for my injuries under my own policy?

Answer: The answer is yes but only if you have uninsured/underinsured coverage under your own automobile policy. If an at fault driver is driving illegally without insurance, he or she is considered to be uninsured by operation of law. There simply is no insurance coverage and therefore they meet the definition of an uninsured driver. Thus, if you are injured by an at fault driver who has no insurance coverage policy at all, if you have been wise enough to purchase uninsured/underinsured motorist coverage as part of your own policy, you can file a claim against your carrier.

The good news here is that the premiums for an innocent insured cannot be raised if a claim is made for uninsured motorist coverage. Thus, in a hypothetical case where an individual causes an accident and he or she has no insurance coverage, one can make an application under one’s own policy for uninsured motorist coverage without a rise in their premiums. The law forbids an insurance company from raising the premiums of their insured simply because a claim is made particularly in the context of a claim being made by an innocent third party who has done nothing wrong but has only made a claim for paid coverage, the claim being necessitated by the acts of an at fault third party.

All of our readers are well advised to review their insurance policies carefully to determine whether they have uninsured/underinsured coverage. If they do not, we would recommend that they meet with their insurance agent, review their budget and purchase as much uninsured/underinsured coverage as is possible. This type of coverage protects the policyholder from the situation where the at fault driver has no insurance coverage or is underinsured, meaning that they have less insurance coverage than would provide complete compensation for the damage inflicted. We encourage all of our clients to study their policies to make sure that they have carefully reviewed this very significant issue and in situations where the family budget will allow the purchase of such coverage, it is a wise investment and form of protection that may be needed and could be crucial in a particular case, particularly where serious injuries are involved.

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Posted In: Automobile Accidents , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 6:

6. Can my spouse recover damages if I am seriously injured and he/she misses time from work caring for me?

Answer: A spouse does not have a legal claim for their own lost wages while they miss work caring for their injured spouse. However, under Georgia law, a spouse does have a claim for loss of consortium. Loss of consortium means the loss incurred by the innocent spouse when they are deprived of their injured spouse’s “society, affection and companionship.” This is not limited to the loss of conjugal services but includes the loss of all services provided to the spouse and the intangible value of the injured spouse’s contribution to their “affection, society, comfort and companionship.” Thus, while one cannot literally file a claim for the uninjured spouse based on that spouse’s lost wages, compensation can be obtained in a serious injury case for lost of consortium which can provide a measure of compensation for other losses.

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Posted In: Automobile Accidents , Torts , Uninsured Motorist Coverage , Wrongful Death

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This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 5:

5. Who will pay my lost wages while I am recovering from my injuries?

Answer: In Georgia, there is no “Pay as You Go” rule so unfortunately the answer to this question is that you may receive no lost wages at all unless your employer continues to pay you and/or you have disability benefits. When you have reached maximum medical improvement and your case is ready for settlement, your total lost wages past, present and future, is an element of your damage claim. Assuming the at fault defendant has good insurance coverage that can pay all such damages, you will then receive restitution and/or compensation for your total lost wage claim assuming, of course, that the liability of the at fault defendant has been established for the damages and has sufficient coverage to provide restitution for this part of your loss.

Unfortunately, in far too many cases, in a situation where liability is clear, the at fault defendant does not have sufficient insurance coverage to pay past lost wages, future lost wages or any lost wages. Many times the medical expenses exceed the total value of insurance coverage in a serious injury context. Once again, the public is well advised to purchase uninsured motorist coverage which then can provide coverage for lost wages in the event the at fault driver has low limits.

It is often difficult for someone who has been injured and has no source of income to “get by” while they are recovering from their injuries. Medical bills are piling in and there is no income unless the injured individual is fortunate enough to have an understanding employer who continues to provide wage benefits and/or disability coverage. In many cases where wages are cut off and the injured individual cannot work due to their injuries, it is simply a very hard time for that client and his family because there is no “Pay as You Go” rule and because it does take some time to resolve a case by way of settlement even where there are good insurance policies applicable to a particular claim. Another complicating factor is where liability is debated and the at fault driver disputes liability. This can result in litigation which many times can take a year or longer to resolve thus depriving the injured individual of any immediate relief for the lost wage claim.

We recommend that all clients who can afford it review their own insurance policies to determine if they can afford disability coverage and/or uninsured motorist coverage under their policies. The least expensive form of insurance that one can purchase to provide for protection in a serious injury case involving an automobile is uninsured motorist coverage. This coverage will protect the policyholder to the limits of such coverage even if the at fault driver has minimum or low limits. Thus, if it is affordable, one is well advised to purchase uninsured coverage because such coverage can be used not only to provide compensation for medical expenses but also lost wages.

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Posted In: Automobile Accidents , Torts , Uninsured Motorist Coverage , Wrongful Death

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We have written previously about the dangers of police chase cases. This week we read in the paper about a chase that occurred on January 24 involving a man fleeing the police in a stolen vehicle. As he was fleeing, allegedly with a police officer in pursuit, the suspect in the stolen vehicle engaged in increasingly dangerous behavior. Ultimately, he collided head-on with another innocent motorist, killing that motorist and decapitating a female passenger in his car. According to the news accounts, the deceased were ages 21 and 26 respectively. Yet another victim was hospitalized along with the stolen car’s driver.

This case is a classic example of why police chase cases should be limited to those involving forcible felonies. Why was it necessary to chase a suspect in a stolen car and endanger the lives of the public? In this case, two people were killed and two others seriously injured all because of the police’s intent to apprehend a suspect for a stolen vehicle. While little information is provided in the news account concerning the type of vehicle involved, our firm is currently investigating another case where three people died while the police were trying to capture a suspect driving a vehicle with a value of less than $5,000.00. Thus, we have a situation where the police are trying to arrest a suspect for stealing a $5,000.00 automobile and in the process kill three people. In the case reported in the newspaper, two people were killed because the police again were trying to apprehend a suspect in a stolen vehicle.

The continued carnage and unnecessary loss of life caused by these police chases needs to stop. Police departments should change their policies to allow chases only for violent felonies. There is no reason to endanger the public when trying to apprehend a suspect for a non-violent felony. If the suspect does not pull over and takes off, the police should let him go rather than killing the innocent members of the motoring public as happened here not to mention the passenger. The passenger may have been screaming at the top of her lungs for the suspect driver to pull over but she was killed too even though she may have done nothing wrong whatsoever. Was her life worth it?

In these cases, the death penalty is imposed on innocent members of the motoring public by dangerous pursuit policies which allow police officers to chase for non-violent offenses such as auto theft. It simply is not important enough to catch an auto thief to impose the death penalty on the very public the police are trying to protect. These chases should stop and they should stop now. Our firm will continue to resist these policies and practices by representing those who are the innocent victims of these dangerous high speed police chase cases.

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Posted In: Automobile Accidents , Police Chases , Torts , Wrongful Death

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This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 4:

4. If I obtain a settlement from the at fault defendant, do I have to pay taxes on my settlement?

Answer: Restitution for a loss is not considered to be income. According to the majority view and interpretation of current IRS law, if an injured individual obtains a settlement from an at fault third party, that settlement is not taxable. There are exceptions to this rule, however, with respect to punitive damages. If a jury returns a verdict for punitive damages in addition to compensatory damages, the punitive damage portion of the verdict is taxable. To date, most experts seem to agree that any verdict returned in a personal injury case is not taxable absent a verdict for punitive damages as well. This is the general view of the tax laws as pertains to personal injury settlements. While different variations of a claim could subject a particular claim to taxation, most tort claim settlements are not taxable because the monies obtained in settlement are not considered to be income by the IRS but rather are considered to be restitution for a loss, something by definition separate and distinct from traditional forms of income.

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Posted In: Automobile Accidents , Torts , Truck and Tractor Trailer Accidents , Uninsured Motorist Coverage , Wrongful Death

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