Marietta Injury Lawyer Blog

Common Causes of Accidental Death in Georgia

January 6, 2023 | Benjamin S. Persons, IV

Most untimely deaths are not accidents. Instead, negligence, or a lack of care, usually causes such incidents. In Georgia, drivers and property owners usually have a duty of reasonable care. This legal responsibility is loosely based on the story of the Good Samaritan. Just like this man went out of his way to help an injured traveler, individuals must go out of their way to avoid hurting other people.

When negligence causes a wrongful death or another personal injury, a Marietta personal injury attorney can obtain the compensation these victims need and deserve. No amount of money, no matter how large, could begin to fill the emotional void that a wrongful death creates. However, financial compensation helps these survivors carry on with their lives. At this point, that’s the best possible outcome.

Car Accidents

Top Five Injuries in Fall Injury Claims

December 30, 2022 | Benjamin S. Persons, IV

The average injury-related hospital stay costs over $10,000 per day. This figure does not include follow-up care, physical therapy, and ancillary expenses, such as medical devices, transportation expenses like ambulance costs, and prescription drugs. When all these costs are added up, they could easily exceed $100,000. Many of these expenses are related to one of the five fall injuries listed below.

Most families cannot possibly afford to pay these bills out of their own pockets. So, they rely on a Marietta personal injury attorney to obtain necessary compensation in court. A lawyer also obtains compensation for emotional distress and other noneconomic losses. Injury victims shouldn’t have to suffer in silence. These damages normally prompt nursing home owners and other property owners to change the way they do business and make the personal safety of their guests a higher priority.

Traumatic Brain Injury

What Causes Bicycle Wrecks in Georgia?

December 23, 2022 | Benjamin S. Persons, IV

Every year, serious bicycle crashes cost over $23 billion. Misinformation contributes to this high total. Bicycle helmets are a good example. When drivers see helmeted riders, drivers subconsciously think the riders could survive crashes. Therefore, many drivers take unnecessary chances. These unnecessary changes often mean severe or catastrophic injuries for bicyclists. These wounds usually include head injuries, broken bones, and serious internal injuries.

Only a Marietta personal injury attorney can obtain the financial compensation these victims need and deserve. Bicycle crash victims need money to pay medical bills and other accident-related expenses. They deserve this money because they must find some way to move on with their lives. Perhaps more importantly, damage awards send a strong message to motorists and encourage them to share the road with bicyclists.

Aggressive Driving

Fatigued Driving in Georgia: A Closer Look

December 16, 2022 | Benjamin S. Persons, IV

People who would never drive while under the influence of alcohol routinely drive while they are seriously fatigued. Scientifically, intoxication and fatigue are closely related. Driving after 20 hours without sleep, which is like driving home after not sleeping well at night and working a full day at the office, is like driving with a .08% blood alcohol content (BAC) BAC level. That is above the legal limit in Georgia. Shortcuts, like blasting the air conditioner or radio, only help people feel more alert. They do nothing to address clouded judgment, delayed reactions, and other effects of fatigue.

Other than distraction, fatigue is one of the most common and dangerous kinds of driver impairment. Arguably, fatigue-impaired people know they should not drive. But they get behind the wheel anyway and intentionally put other people at risk. As a result, a Marietta personal injury attorney can usually obtain substantial compensation in fatigue-related crashes. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Evidence of Fatigue

Alleged Drunk Driver Kills Teenage Girl

December 9, 2022 | Benjamin S. Persons, IV

A 21-year-old man, who was allegedly intoxicated, lost control of his pickup, killing a 16-year-old high school cheerleader.

The girl, a junior at Mill Creek High School, was the front-seat passenger in a pickup truck heading north on Sugarloaf Parkway toward State Route 316, authorities said. The driver, a 21-year-old male, failed to navigate onto the ramp and struck a concrete barrier. “Gone from our sight, but never our hearts,” a tribute posted on the school’s Facebook page reads. “… Our deepest condolences go out to her family and we hope the many happy memories she has left behind will offer some peace in this difficult time.”

The driver now faces several criminal charges, including driving under the influence, failure to maintain a single lane, and first-degree vehicular homicide.

Common Insurance Company Defenses in Car Crash Cases

December 2, 2022 | Benjamin S. Persons, IV

Plaintiff’s winning percentage in court has declined over the last several years, mostly because insurance company revenue has skyrocketed over this same period to more than $1 trillion per year. As a result, these companies can now hire more effective lawyers and allow them to go to trial if necessary. Usually, the insurance company’s trial strategy in a vehicle collision claim revolves around one of the three defenses discussed below.

Back in the day, when the plaintiff’s winning percentage was high, and insurance companies had limited resources, almost any lawyer could successfully handle a vehicle collision claim. In the current environment, only a Marietta personal injury attorney can obtain the best possible result in such claims. That result usually includes maximum compensation for the victim’s economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Last Clear Chance

High-Speed Police Chase Kills Two, Injures Three

November 30, 2022 | Benjamin S. Persons, IV

To defend their actions, officers claimed a reckless chase lasted only 37 seconds before the driver caused a fatal wreck. However, in a high-speed pursuit, thirty-seven seconds is an eternity.

According to Georgia State Police investigators, the crash happened on Northside Drive and 14th Street after Atlanta police tried to conduct a traffic stop at 17th Street. Suspects in a white Toyota RAV4 drove away on Northside Drive and failed to stop at the red light. The RAV4 crashed into a Mitsubishi Outlander, almost instantly killing an Uber driver and passenger. Three people inside the suspect vehicle were rushed to a nearby hospital with serious injuries.

Georgia State Patrol officials have not commented on what charges will be filed in this case.

A Closer Look at Distracted Driving in Georgia

November 25, 2022 | Benjamin S. Persons, IV

Since the start of the smartphone era in 2007, many states, including Georgia, have passed a hands-free law. In general, these laws prohibit motorists from holding and/or using smartphones and other digital devices while they are behind the wheel. However, these laws contain many exceptions, mostly for hands-free devices. Additionally, device distraction is only a small part of the distracted driver problem.

Many distracted drivers do not feel remorseful after they cause crashes, as if the device or behavior somehow excused their negligence. A Marietta personal injury attorney forces these tortfeasors (negligent drivers) to accept full responsibility for the wrecks they cause. This responsibility includes paying compensation for damages. In a perfect world, tortfeasors would do the right thing before a lawyer gets involved. Unfortunately, we don’t live in a perfect world.

Device Distraction

What Causes Pedestrian Accidents in Georgia?

November 18, 2022 | Benjamin S. Persons, IV

Speed causes most pedestrian accidents in Georgia. At impact speeds under 20mph, the pedestrian death rate is under 10 percent. At impact speeds over 50mph, the pedestrian death rate skyrockets to 75%. Most pedestrian accidents happen outside marked crosswalks and in non-intersections. So, in almost all cases, the tortfeasor (negligent driver) is traveling at or near top speed at the moment of impact. That is bad news for pedestrians because even if they survive, they often sustain catastrophic injuries.

The good news for injured pedestrians and their families is that a Marietta personal injury attorney can obtain substantial compensation for these victims and their survivors in civil court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. These funds don’t magically make serious or catastrophic injuries disappear. However, the money helps victims and survivors pay accident-related bills and otherwise move on with the rest of their lives.

Pedestrian Injuries

Two Teens Injured, One Fatally, in Forsyth County Wreck

November 11, 2022 | Benjamin S. Persons, IV

A 16-year-old girl, a passenger in a vehicle, is dead after a single-vehicle crash in Georgia.

According to investigators, the crash happened when a gray 1996 Toyota 4Runner, driven by a 17-year-old, struck the curb on the right side of the road. Deputies say the teenage driver overcorrected, and the vehicle went out of control and rolled over several times. The vehicle eventually hit an electric pole, killing the 16-year-old passenger.

The driver only suffered minor injuries.