Marietta Injury Lawyer Blog

I have never advertised my legal services on television, so I admittedly have no idea what is considered effective TV advertising. However, I do know what I find to be the most entertaining...and a Rap Video Lawyer Ad certainly fits that description.

This Ad is certainly a lot more fun than most of what I see on TV. Although not rapping himself, the guy wearing sunglasses in the sport coat appears to be the actual Georgia lawyer the ad wants you to call to "get that settlement check." I was a little disappointed there wasn't a line about getting the client diminished value for the shinny Hummer in the background, that would really have put it over the top. As silly as this ad seems, I would not be surprised if it is effective in attracting new clients. If TV advertising didn't work, I probably would not be inundated by lawyer ads whenever I have the misfortune of watching daytime television.

WE THE PEOPLE from Georgia Justice on Vimeo.

The above video illustrates why we need government watchdogs, consumer advocates and Georgia trial lawyers fighting for the constitutional right to a jury trial. If you watch the video you will understand why the American System of Civil Justice should be protected from the insurance companies. We continue to pray for a favorable ruling from the Georgia Supreme Court to return Georgia to a place where judges and juries decide what is appropriate compensation for medical malpractice victims.

Last week tragedy struck south Georgia when five people were killed and one person seriously injured when a 2002 Toyota collided head-on with a van near Rochelle, Georgia. The Georgia State Patrol is still investigating what caused this crash that took the life of a mother and her three children, ages, 4, 7, and 9, as well as the life of the 68-year-old passenger of the van. The Red Cross is notifying the childrens' father currently serving overseas with the U.S. Navy. The driver of the van was seriously injured and taken to Macon hospital.

There have been no reports as to the cause of the collision at this time. However, Georgia product liability lawyers and other consumer advocates will be watching closely to see if the investigation reveals whether there were any defects with the Toyota that caused this tragic collision. At least 34 deaths have been linked to Toyota unintended acceleration problems. With more information becoming available about Toyota defects every day, more law enforcement and family investigations are looking to the vehicles for answers in these unusual tragic collisions.

Yesterday, a Clear Creek District Court awarded an $18.5 million dollar verdict to an Idaho Springs man for the catastrophic personal injuries he suffered in a automobile collision with a drunken driver. On the date of the accident, Paul Savage was at his home in his driveway changing the oil in his car when he was crushed by a jeep owned by Justin Guy and driven by Kevin Ruszkowski. Mr. Ruszkowski and Mr. Guy had been driving on mountain roads after a day of drinking and smoking marijuana. Mr. Savage is confined to a wheelchair due to his paralysis and incurred $4.3 million dollars in medical bills and is expected to have another $4.9 million dollars in future medical bills.

Included in the verdict was an assessment for punitive damages against Ruszkowski, which were assessed for "driving the Jeep while drinking and smoking marijuana and for fleeing the scene of a collision amid the screams of his victims." As is common in cases like this, Mr. Ruszkowski escaped with very little criminal punishment. After pleading guilty he was sentenced to 4 years of probation following completion of boot camp.

As a DUI Victims lawyer, I was pleased to see the victim obtain such positive civil justice. Hopefully, this verdict will help mend the physical, emotional, and financial harms Mr. Savage and his family have suffered and will likely continue to suffer into the 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.

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

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.

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" »

My heart sank today when I saw the 11alive news report about a young woman killed in an auto accident this morning involving a suspected drunk driver. The 24 year old woman was driving with her boyfriend, her 2 year old son, and 7 month old daughter on I-20 East when they were struck by a vehicle traveling the wrong way on the interstate. Atlanta Police say the wrong-way driver, identified as Robert Ayiteyfio, fled the scene on foot but was later apprehended. He has been charged with vehicular homicide, DUI, and driving the wrong way on the interstate.

As a Georgia Personal Injury Lawyer that regularly represents crime victims and as a father of 2 it was particularly moving to see the deceased woman's father tearful plea to would be drunk drivers. The father delivered this message today from Grady Hospital, where his 7 month old granddaughter remains in critical condition. "I lost a daughter this morning. For all of you DUI drivers out there, please stop. Please. I'm begging you. Please, this hurts."

Continue reading "Fatal Atlanta Car Crash Caused by Suspected Drunk Driver" »

The Marietta Injury Lawyers urge everyone to drive the speed limit, use your seatbelt, and watch out for other drivers this Thanksgiving season. The Governor's Office of Highway Safety reports the sobering statistic that during a 102 hour period last year's Thanksgiving weekend, 102 people died and 1,457 were injured on Georgia roads.

With serious car collisions likely this year, beginning November 16th through November 29th the GOHS launches its annual Click It or Ticket campaign in conjunction with the Rural Roads seatbelt crackdown. In 2008, 89.6% of motorist wore their seatbelts in Georgia. However, nationwide, over half the traffic crash victims killed in Thanksgiving collisions were not belted. Seatbelts literally save lives and hopefully Georgia's seatbelt use statistics will be improved for 2009. Please stay safe this Thanksgiving and belt up.

The Atlanta metro area, including Sandy Springs and Marietta, was listed in the top 10 most dangerous cities for pedestrians in 2007-2008 by the lobby group Transportation for American. As a Marietta personal injury lawyer that grew up in metro Atlanta, I find it most interesting that of the ten most dangerous cities for walking, nine of them are in the south. The study found the most dangerous metro areas are characterized by sprawl and auto-oriented development patterns. The most troubling finding by the group is that there are 5,000 preventable pedestrian deaths in the U.S. each year.

With all the reports recently of preventable medical errors, today CNN printed an informative article "How to avoid falling victim to a hospital mistake." The average person would be shocked by some of the stories I hear on a regular basis as a Georgia Medical Malpractice Lawyer. The Joint Commission, which provides accreditation for hospitals, reports that wrong-site, wrong-side and wrong-patient procedures occur more than 40 times each week in the United States.

The above CNN article arms patients with simple practical knowlege that can help prevent these types of errors. One example is to repeat your name, date of birth, and the procedure you are having to each and every nurse, tech and doctor involved in your care. I would recommend reading this article for anyone undergoing any hospital testing or surgery in the near future.