Marietta Injury Lawyer Blog

It has been revealed through recent Congressional hearings that BP ignored warning signs and continued to drill just hours before the oil rig, Deepwater Horizon, exploded killing 11 people and causing an environmental catastrophe of historic proportions. BP has admitted fault, but BP executives testified that Transocean (the offshore drilling contractor) shares responsibility because the Blow Out Preventer, or BOP, failed to operate. Transocean, while acknowledging the failure of the BOP, has pointed the finger at Haliburton for failures in the cementing process. It appears the Gulf Coast Disaster could have been prevented at several different stages and there is plenty of blame to go around.

One victim, twenty-eight-year-old Gordon Jones, died in the explosion leaving his widow, Michelle, to care for their two young sons. The Jones family and the families of the other 10 workers that died are severely limited in their ability to recover damages because of the Death on the High Seas Act (DOHSA). "BP is immune from entirely compensating these families for the horrible way in which their loved ones died and the relationship they have now lost," said Anthony Tarricone, president of the American Association for Justice. "DOHSA needs to be amended to provide fair remedies to victims of other maritime disasters on the high seas, starting with the 11 brave men who died on the Deepwater Horizion."

BP and Transocean are further protected by the Oil Pollution Act (OPA) and Limitation of Liability Act (LOLA). While experts estimate the economic damage to the Gulf Coast in the Billions, the OPA caps BP's liability at $75 million. Additionally, Transocean is seeking to limit it's liability to $27 million by relying on the Limitation of Liability Act. The law was passed in 1851 to allow ship owners to limit liability to the post-accident value of the vessel and cargo. Transocean has reported the oil rig was worth $650 million before the explosion and is now worth less than $27 million laying sunken on the ocean floor.

Continue reading "BP May Escape Liability for the Catastrophic Damage Caused by the Gulf Oil Rig Explosion" »

Today, in the early morning hours, a fatal motorcycle crash occurred on I-75 northbound near the 17th street overpass. According to investigating officers, the motorcyclist was ejected and killed during the collision when his motorcycle was rear-ended by an SUV. The driver of the SUV was arrested and charged with vehicular homicide, reckless driving and DUI.

Our prayers go out to the family of the DUI victim and the driver that caused his death. There are going to be a lot of vehicles on the road this Memorial day weekend. More than 28 million Americans are going to be traveling our streets and highways this weekend. It is important to remember motorcycles are everywhere, look twice and share the road.

As a DUI victim's lawyer, I urge everyone to have a good time this holiday weekend, but when it comes time to drive home call someone like Saferide America at 404-888-0887. SafeRide America is a non-profit organization that will drive you and your car home for less than the price of a taxi.

Today the Cobb County Trial Lawyers Association named it's new slate of officers for 2010. The Persons Firm, LLC is pleased to announce our managing partner, Ben Persons, was named Secretary for 2010. Also elected into leadership positions were Randy Rogers (President) and Aaron Strimban (Treasurer).

"The Cobb County Trial Lawyers Association is made up of some of the most respected, accomplished, and skilled trial lawyers in the country. I am honored to be elected to a leadership position by such a distinguished membership. I look forward to serving as Secretary in 2010" stated Mr. Persons.

The Cobb County Trial Lawyers Association is a section of the Cobb County Bar Association and a local affiliate of the Georgia Trial Lawyers Association, and is dedicated to promoting civil justice and protecting the constitutional right to trial by jury.

School is out for the summer and teen drivers are spending more time behind the wheel. Recent studies indicate teen drivers engage in more risky in-vehicle behavior during the summer months, which likely accounts for the increased number of fatal car wrecks during the summer. According to the NHTSA, car crashes are the leading cause of death for young people between the ages of 15 and 19 years old. It is important for parents to set safe driving rules and pay attention to their teenager's activities. As a Georgia personal injury lawyer that has seen too many tragic collisions, here are seven basic rules:

1. Never send text messages or talk on a cell phone while driving. Talking on a cell phone while driving distracts the brain and reduces your reaction time. Using a cell phone while driving increases the risk of a crash twice as much as driving drunk.

2. Always buckle up. Approximately two thirds of teen drivers killed in automobile collisions were not wearing seatbelts.

3. Slow Down! Speed is a factor in 40% of all teenage driver fatalities.

4. No Piling In. Teens are more likely to drive with three or more passengers in the summer. The incidence of teen driver fatalities goes up 50% with the first teen passenger and increases with each additional passenger.

5. Limit Nighttime Driving. States with after dark driving restrictions report a 60% reduction of nighttime fatalities. This includes instructing your children to never drive while sleepy.

6. Pay Attention. Know where your child is going and why, and discuss how they will get there and when they will get home. Have them report in every time they arrive at a new location.

7. Lead by Example. Follow these same rules. Your teen driver is less likely to obey these rules if you use the cell phone while driving or forget to wear your seatbelt.

Saturday, Tennessee was hit by one of the most severe floods in U.S. History. In Nashville, the Cumberland river lifted 12 feet over flood stages, flooding the city, and causing an estimated $1 billion dollars in damage. On Tuesday as the river began receding, nearly 30 deaths have been blamed on the storm, and many are still unaccounted for.

Many around the country are wondering how they can help Tennessee in it's time of need. My suggestion is the American Red Cross. Since Saturday, the Nashville Area Red Cross has housed 900 displaced people in emergency shelters and distributed 7,500 meals in the immediate Nashville area. The Red Cross has already done a tremendous job responding to this disaster, however, there is much work yet to be done. The Red Cross NEEDS our donations. To make a donation click here, or click on the Red Cross banner on the bottom of the page, or text REDCROSS to 90999 to make a $10 dollar donation, or call (615) 250-4300 to make a donation by phone.

Continue reading "Nashville, Tennessee Desperately Needs Help With Flood Relief; Consider Donating to the American Red Cross" »

Texting while driving, is known by prosecutors and personal injury lawyers as the new DUI/DWI. Georgia will soon become one of the 20 states that bans texting while driving. With legislation and driver education we can hopefully prevent fatal collisions like what occurred in the video above.