Marietta Injury Lawyer Blog

Product Liability Lawyers, research groups, and the federal government have been closely following consumer complaints, injuries, and deaths resulting from Toyota unintended acceleration problems. Toyota claims the multiple recalls for floor mats and gas pedals will fix the problem. However, there is compelling data linking these acceleration incidents to the electronic throttle control systems. I anticipate there are more Toyota vehicle recalls in our future.

Proponents of civil justice are celebrating and insurance companies are fuming in the wake of yesterday's decision by the Illinois Supreme Court. Illinois' highest court ruled capping damages for victims of medical malpractice violated the State Constitution's separation of powers clause by imposing decisions reserved for judges and juries. That is a huge win for the citizens of Illinois.

I've defended a huge number of doctors and hospitals in medical malpractice lawsuits, I have doctors in my family, and I have a really high opinion of the medical profession. As a Georgia medical malpractice lawyer, I recognize healthcare is a problem in our country. However, caps on medical malpractice damages are not the answer. Unless the question is how do we further victimize those that have been catastrophically injured by medical negligence.

For those that don't know, medical malpractice caps mean this: No matter what a doctor or hospital does to you. No matter how egregious the malpractice. No matter if the consequence is death, dismemberment, or disfigurement. You CANNOT recover what the judge and jury think your case is worth if it exceeds the arbitrary cap. In Georgia the cap is $350,000. If you are a housewife, retired, or unemployed and killed by a doctor's negligence the judge and jury cannot decide what your life is worth, $350,000 is the max. If a checked-out doctor cuts a baby's penis off during circumcision, refuses to acknowledge her mistake, and the baby is forced to live a life disfigured, the jury's verdict will be reduced to the arbitrary cap. Caps on damages were created by insurance companies to erode the civil justice system of trial by jury. For all its flaws, the American system of justice is still the best system in the world.

Thankfully, Illinois was protected from these caps by the State's Constitution and their high court's willingness to enforce it. The Supreme Court of Georgia is expected to rule soon on our medical malpractice caps. I, like many others, hope and pray Georgia will soon also be free from the injustice of caps.

The family of a 34 year old, Trina Renee Harris, filed a wrongful death suit against Toyota this week. Mrs. Harris died when her Toyota sped through a stop sign and crashed into a cement wall. The Harris case is believed to be the third acceleration related wrongful death lawsuit filed against Toyota. Toyota is also being sued for unexpected acceleration related deaths in California and Michigan. Toyota has refused to comment on the pending litigation. However, Toyota recently announced a fix to the defective gas pedal problem.

Of interest to Georgia Product Liability Lawyers, this week Toyota announced it has created a fix for defective gas pedals in millions of recalled vehicles. The replacement parts are being shipped and dealers will be extending hours to accommodate all the expected repairs.

Georgia Product Liability Update; Honda recently recalled 646,000 2008 and 2009 Fit Models (also known as City and Jazz internationally) due to a fire hazard in the window switch. The Honda recall affects 114,000 vehicles in the United States.

As part of our continued Georgia dangerous and defective products update, Chrysler Group has announced it is recalling thousands of Chrysler, Dodge, and Jeep vehicles to fix a defective part linked to sudden brake failure.

Atlanta and Marietta, Georgia Personal Injury Attorneys, The Persons Firm, LLC, can now be found on Twitter and Facebook.

The National Highway Traffic Safety Administration and other organizations have been compiling Toyota unintended acceleration data for years. The following is the most up to date data I could find of reported Toyota incidents from 1999 to present:

Total Incidents - 2262
Crashes - 815
Injuries - 341
Deaths - 19

As a Georgia Product Liability Lawyer, I've been extremely interested in the massive Toyota recalls due to runaway vehicles. As the owner of a Toyota and a father of two, I've been more concerned with what I should do if I experience unintended acceleration. Consumer Reports Magazine and Toyota have recommended the following strategy if your vehicle experiences sudden acceleration:

1) Push the brakes hard and hold
2) Do not pump brakes
3) After hitting the brakes, shift the vehicle in neutral
4) If you can't get the vehicle in neutral, turn the vehicle off
5) If you turn the vehicle off, leave the key in the ignition
6) Pull safely off the road
7) Turn off the car and park.

ABC news reports that Toyota has just announced a recall of an additional 2.3 million vehicles to correct sticking acceleration pedals. This announcement follows the already massive recall launched this past fall involving 4.2 million cars. Numerous deaths and injuries have been reported as a result of Toyota vehicles unexpectedly accelerating. Initially, Toyota claimed the acceleration problem was the result of defective floor mats. Toyota is now acknowledging the problem is not limited to floor mats. The newest Toyota recall is confined to the following vehicles:

• 2009-2010 RAV4,
• 2009-2010 Corolla,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• 2007-2010 Camry,
• 2010 Highlander,
• 2007-2010 Tundra,
• 2008-2010 Sequoia

Following the first recall, many drivers insisted floor mats were not the cause of their acceleration issues. For the longest time it appeared Toyota did not want to acknowledge the acceleration problem could be bigger than floor mats. Even with this new recall, many are skeptical fixing acceleration pedals will solve the problem. As a Georgia Product Liability lawyer I've reviewed some of the first hand accounts of runaway Toyota vehicles and many are certain the gas pedal was never stuck during their incident. Hopefully, with all the evidence piling up at their feet, Toyota will take the necessary steps to fix this deadly problem.

Since the beginning of the year I've noticed an increased number of police catching speeders on the interstate and I think I know why. On January 1, Georgia's Super Speeder law, and it's new hefty fines, went into effect. A couple of people have asked me about the Super Speeder law this week so I thought I would explain it

It is pretty simple really. If you are caught speeding 75 mph or more on any two lane road or 85 mph or more on the interstate you will have to pay an additional $200 fine to the State. This $200 fine will be added on top of the local fines and penalties. Getting a super speeder ticket is going to be a very expensive mistake.

According to the official press release of the Governor's office, sixty percent of all trauma patients in Georgia are crash related and on average there is a speed related death a day in Georgia. The Governor's office goes on to say, Super Speeder will save lives and change the behavior of speeders in Georgia. As a Marietta Injury Lawyer that has seen too many lives ruined by truck and car collisions, I hope this new law will have the desired effect. Please slow down, you will be safer, and your bank account will thank you.

Insurance companies are waging war on the American Civil Justice System. They consider the Right to Trial by Jury and the Rule of Law unnecessary speed bumps reducing insurance company profits. Insurance companies began their organized attack on the constitutional right to a trial by jury since before this Georgia Injury Lawyer started practicing law, over ten years ago. In recent years, Insurance companies in Georgia have been specifically targeting victims of medical malpractice.

Luckily, many still believe the American Civil Justice System is still the best system in the world and have taken up the fight to defend the Right to Trial by Jury. Recently, a leading civil justice blog addressed the question how many hoops should medical malpractice victims have to jump through to obtain justice? It is an excellent read.

On December 24, 2009 a black Honda struck and overturned a bus carrying developmentally disabled adults. All 13 passengers and the driver of the bus were injured. At least two of the passengers were ejected and all were taken to Atlanta area hospital. According to news reports, the driver of the black Honda was seen driving erratically before the collision and left the scene of the accident before the police arrived.

As an Atlanta Injury Lawyer that often represents DUI victims, I pay attention to news reports of collisions caused by drunk drivers. However, this story was particularly disturbing when I read about the bus passengers. The passengers were members of a group called Just People that provide support for adults with developmental disabilities. The group was on their way to an art class when the horrible collision occured. It just boggles the mind that someone could cause that kind of carnage on the interstate and then leave the scene. I was pleased to read in a follow-up news report that the suspected drunk driver was located and is being held without bond with charges of Felony Hit and Run and Driving Under the Influence.

Continue reading "Woman that Caused Violent Gwinnett County Bus Collision Charged with DUI and Held Without Bond" »

From my experience as a Marietta Injury Lawyer, collisions on the Interstates are typically the most likely to cause death and serious injury. There are a number of reasons for this including the increased speed limits and the large number of tractor trailers that use the freeways. It is extremely dangerous to stop your vehicle on the interstate, but sometimes it just can't be avoided. There are some steps you can take to reduce this danger.

Except for emergencies, never voluntarily stop your vehicle on the interstate. However, if your car breaks down on the Interstate, get your vehicle to the right shoulder as quickly and safely as possible. If you stay in your vehicle keep your seatbelt on. If you are going to get out of the vehicle use the passenger's door to exit the vehicle. Once out of the vehicle, do not stand near your vehicle or any travel or emergency lanes. Put some safe distance between yourself and the roadway and call 511 (HERO vehicles) and 911. However, sometimes car trouble is immediate and it is not always possible to get over to the right shoulder.

Personal injury lawyers in Atlanta and Marietta sometimes see the more difficult situation when cars break down in interstate travel lanes. This is a terrible situation. Even with the use of hazard lights, it is often difficult for drivers to appreciate a vehicle is stopped on the interstate. When cars are rear-ended at highway speeds the results are often fatal. The Georgia State Patrol and DOT officials recommend you stay in your vehicle, call 911 and 511, and wait for help to arrive. However, State Patrol officers I have talked to say they probably would not sit in a car stopped in a travel lane for fear of getting blasted by a fast moving vehicle. One must use their best judgment when confronted with this situation because leaving your vehicle to walk or run to a safe location can also be extremely dangerous.

Continue reading "A Marietta Injury Lawyer Explains What To Do If Your Car Breaks Down on the Interstate" »

As a Marietta Personal Injury Lawyer that travels out of State every thanksgiving holiday, I was sadened to see Atlanta suffer several deadly collisions over this past holiday weekend. One of the first tragic stories occurred early Wednesday morning on I285. A woman's car had broken down and stopped on the left shoulder of the interstate. She was hit by a tractor-trailer when she left her vehicle to go get help. The woman's name was not released. However, 11alive reported she died at the scene.

Drivers are extremely vulnerable when their vehicles are stopped on the interstate. Depending on the situation, both staying in and getting out of your vehicle can be very hazardous choices. Atlanta is a dangerous city and we have more than our share of terrible accidents. If you break down, always try to stop your car on the right shoulder of the interstate. Get as far off the road as possible and put on your hazard lights. Call 511 and 911 and a HERO unit will be sent to your location.

In response to tragic incidents such as Wednesday's fatal crash, 11alive wrote the article To Sit or Make a Run for It. Clearly, neither is a safe choice. Hopefully we can find new ways to make the interstate safer for stranded motorist.

As an Atlanta Car Accident Lawyer, I was saddened to see another reported car collision death in the metro area caused by driver distraction. A Forsyth County woman was killed when her car crossed into oncoming traffic and struck another vehicle Wednesday night. According to WSBTV the woman was eating a sandwich and fries when the crash occurred.

According to the National Highway Traffic Safety Administration, auto accidents are the number one cause of accidental death in America and Georgia is no exception. In our State, over 1,600 people die every year from motor vehicle accidents. Across the nation, distracted drivers are reported to be the number one cause of motor vehicle accidents. We spend so much time in our car that multi-tasking while driving has become common place. In a recent survey conducted by a national insurance company, 80% of drivers admitted to driving while talking on the cell phone, eating, conversation with passengers, or some other type of distraction.

Every now and then, almost all of us will engage in some sort of distraction when we drive. When I drive through town, it seems like every other driver I see is on a cell phone. We all need to be more conscious of distractions when we drive and educate our children about the dangers of cell phone use, eating, and other types of driving diversions. A tragic accident like this illustrates the dangers of distracted driving and hopefully brings awareness to a very real issue that kills thousands of Americans every year. My prayers go out to everyone affected by this terrible accident.