Marietta Injury Lawyer Blog

Crime Stoppers Tip Leads to Capture in Fatal Hit and Run Incident

2010-07-27T21:16:57Z

Atlanta has seen a flood of wrongful death and catastrophic injuries caused by hit and run drivers this summer. Numerous metro area police departments are pursuing active hit and run investigations. This week DeKalb county caught the man believed to be responsible for the fatal hit and run collision on Flat Shoals road June 12, 2010. The man charged with vehicular homicide is a Cobb County school administrator and WSBTV has the full story.

According to police investigators, a Crime Stoppers tip led to the accused's arrest in this case. It is good to see the victim's family get justice thanks to programs like Crime Stoppers. The program works. If you have information about a hit and run incident or other crime you can call Crime Stoppers at (404) 577-TIPS, (404) 577-8477.

Sandy Springs Police Looking for Car Involved in Deadly Hit and Run

2010-07-26T04:12:35Z

Today, a Lexus LS 460, like the vehicle pictured to the left, struck and killed a pedestrian walking next to Roswell Road. According to the Sandy Springs Police the Lexus left the road, struck a man walking on the sidewalk, and immediately left the scene.

We have seen a rash of horrific hit and run incidents in Atlanta this summer. One report after another of cowards with complete disregard for human life leaving the scene of accidents hoping to avoid traffic citations. Hopefully, they will catch this one. The Police believe the Lexus was black or gray in color and likely has damage to the right front fender and right headlight.

If you know anything about this incident or see a Lexus LS 460 with similar damage call the Sandy Springs Police Department at 770-551-6900

Victim Seriously Injured in Cobb County Hit and Run Collision

2010-07-26T03:38:18Z

Smyrna Police are looking for the driver of a 2001 or 2002 white Chevrolet Camaro involved in a hit and run incident, Saturday night, July 17th. According to the police investigation, the Camaro struck a parked car and while attempting to flee the scene struck a young woman causing serious injuries. The 17 year old woman was taken to Grady for treatment and according to a recent Marietta Daily Journal report is still in intensive care.

It is appalling a young woman is in intensive care because the Camaro's driver did not want to take responsibility for causing a simple traffic accident. Smyrna Police believe the left front quarter panel and driver's side door of the white Camaro are damaged and the car is likely missing the driver's side mirror. If you have any information about this incident call the Smyrna Police at (770) 434-6666 or (770) 434-9481

The Persons Firm Welcomes New Baby, Oliver Samuel Persons

2010-07-26T02:59:42Z

On June 21st, the Persons family was blessed with our third child, Oliver Samuel. Fatherhood has once again become a wonderful distraction. As you can tell, blogging has taken a back seat to rocking the baby and I haven't written an article in weeks. Now you know why. Here is a picture of baby Oliver, the newest love of my life.

Another Dangerous Product Recall; Chrysler Recalls Nearly 600,000 Unsafe Vehicles

2010-06-10T12:54:38Z

In a summer that has seen several dangerous and defective product recalls, Chrysler recently recalled nearly 600,000 vehicles involving five models in the United States.

The recall includes the Dodge Grand Caravan minivans and Chrysler Town and Country minivans for the years 2008 and 2009. These vehicles have the potential to catch fire due to a problem with the sliding door electrical system.

Also included are the Chrysler Jeep Wranglers for 2007, 2008, 2009, and 2010. These jeeps could experience brake failure as a result of leaking brake fluid.

Additional vehicles involved in the recalls are the 2007 Dodge Caliber and 2007 Jeep Compass. Reminiscent of Toyota's recent problems, the Caliber and Compass are being recalled because of sticky accelerator pedals.

Chrysler issued a statement that owners of these vehicles would be contacted by the end of June and repairs will be made for free. To determine whether your vehicle is included in the recalls you can contact Chrysler at 1-800-247-9753.

Whirlpool Recalls 1.7 Million Maytag Dishwashers Due to Defective Product Fire Hazard

2010-06-07T21:26:37Z

On Thursday, the Consumer Product Safety Commission announced the recall of 1.7 million Maytag dishwashers due to a fire hazard. Whirlpool Corp. has received reports of 12 fire incidents caused by electrical failure in the dishwashers' heating element. There have been no reported injuries from the defective product. The recall includes dishwashers sold from February 2006 through April 2010 of the following brands, Maytag, Jenn-Air, Amana, Magic Chef, Admiral, Performa by Maytag and Crosley.

Consumers are advised to immediately stop using the dishwasher and disconnect the power supply by shutting off the fuse controlling power to the appliance. To determine if your dishwasher is included in the recall you can contact Maytag at 1-800-544-5513.

McDonalds Issues Recall of Promotional Shrek Glasses Containing Cadmium

2010-06-07T01:19:50Z

Cadmium is a carcinogen known to cause adverse health problems including bone softening, severe kidney problems, and hindered brain development. In spite of this, dangerously high levels of Cadmium are still being discovered in dangerous products marketed to our children. On Friday, June 4, McDonald's announced it was recalling all Shrek promotional glasses due to abnormally high levels of Cadmium in the paint. At the time of the recall, McDonald's had sold an estimated 7 million glasses. Congresswoman, Jackie Speier, began an investigation into the Shrek glasses after receiving an anonymous tip concerning high levels of Cadmium in the paint. Following this investigation McDonald's issued a voluntary recall. "Our children's health should not depend on the consciences of anonymous sources," Speier said. "Although McDonald's did the right thing by recalling these products, we need stronger testing standards to ensure that all children's products are proven safe before they hit the shelves."

The McDonald's recall is just the latest. Early this spring, the consumer protection agency, issue three recalls for children's jewelry containing high levels of Cadmium.

BP Executive Promises to Pay All Legitimate Claims in Gulf Coast Disaster

2010-06-01T15:57:40Z

As previously discussed in this blog, the Death on the High Seas Act (DOHSA), Oil Polution Act (OPA), and the Limitation of Liability Act (LOLA) protect companies like BP from liability when disasters such as the Gulf Coast Oil Spill occur. However, it appears government and public pressure may prevent BP from hiding behind these maritime immunity statutes. The above video is footage from Thursday's Congressional Hearing on the oil spill. With many calling for a complete boycott of BP, Lamar McKay, Chairman and President of BP America, stated BP will pay all legitimate claims.

Potentially, this is good news for the fishermen, shrimpers, hotels and restaurants damaged by this disaster. Affected small business now must fight over the value of their claims, but if BP keeps it's word, at least these businesses will not have to worry about capped damages completely precluding their claims. Hopefully, government, media, and public pressure will continue to ensure BP keeps it's promise to pay for the harms it caused.

BP May Escape Liability for the Catastrophic Damage Caused by the Gulf Oil Rig Explosion

2010-05-31T14:33:22Z

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.

]]> BP, Transocean, and Haliburton will continue to receive tongue lashings from the Federal Government for causing this monumental disaster, while simultaneously enjoying significant immunity for the harms they caused. Lawyers representing small businesses are seeking changes to these maritime laws. Unless American maritime law is amended, the families of those that died and thousands of gulf coast businesses will face an uphill battle for justice.

Motorcyclist's Fatal Crash in Downtown Atlanta Caused by Suspected Drunk Driver

2010-05-28T18:58:32Z

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.

Congratulations to Ben Persons on Being Named Secretary of the Cobb County Trial Lawyers Association for 2010

2010-05-12T17:53:24Z

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.

7 Rules to Keep Teen Drivers Safe

2010-05-11T14:30:34Z

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.

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

2010-05-06T17:41:29Z

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.

]]> In September of 2009, the Atlanta Metro area was struck by the worst flood our city had experienced in over 100 years. The local chapter of the Red Cross provided immediate life saving and life sustaining support to the people of Atlanta and the surrounding areas. I've seen what the Red Cross can accomplish when disasters like this strike. Tennessee needs our help, please consider donating to the American Red Cross.

Video - Deadly Collision Caused by Texting Driver

2010-05-03T22:13:32Z

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.

Georgia Bans Texting While Driving

2010-04-30T00:14:01Z

Presuming the Governor signs off on the new legislation, it will soon be illegal to text while driving in Georgia. Personally, it seems odd we need a law to tell people to refrain from typing messages on their smartphones while operating a two ton metal box in speeds in excess of 70 miles per hour, but we do. As a Georgia personal injury lawyer, I've seen way too many deaths and catastrophic injuries caused by driver distractions, such as texting and talking on cell phones. I was pleased to see the Georgia Legislature address the problem.

As the recent legislative session closed, two bills passed addressing this issue. First, SB 360 (also known as the Caleb Sorohan Act) bans texting while driving. The act was named for a Georgia teen that died while texting and driving. Also passed was HB 23, which prohibits teen drivers from using a cell phone for any purpose while driving. The fine for either offense is $150.00.

As we have previously discussed on this blog, recent studies suggest driving while distracted by a cell phone increases the risk of a collision twice as much as driving while intoxicated (.08 Blood Alcohol Content). While enforcement of these laws may prove difficult at times, this is an important issue that needed to be addressed. This Legislation is a step in the right direction and hopefully many tragic collisions will be avoided.