Articles Posted in Personal Injury

Pike County Sheriff’s deputies believe a combination of alcohol and speed caused a fatal collision on Highway 109.

A Lincoln Navigator and Toyota collided because neither driver stopped at the highway intersection. One driver was arrested after receiving medical treatment, and charged with driving under the influence, vehicular homicide, driving without a license, and several other traffic offenses.

Car Crash Causes

Yes. Truck drivers, taxi operators, Uber drivers, and other commercial operators are common carriers in Georgia. So, under Section 46-9-1 of the Georgia Code, they must “use extraordinary diligence” as they operate their motor vehicles. Additionally, “no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state.” That is one of the highest commercial driver standards of care in the country. The higher duty of care directly affects crash liability issues, as outlined below.

The higher standard of care makes it easier for a Marietta personal injury lawyer to prove negligence, or a lack of care. Nevertheless, commercial operator wrecks are very complex. So, although it is easier to prove negligence, it is more difficult to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

Every year, dogs bite an estimated 4.5 million Americans. Most of these victims are children. Because they have such small brains and bodies, these victims usually sustain permanent emotional and physical injuries. The lifelong costs associated with these injuries are extremely high. Fortunately, most homeowners insurance policies have high coverage limits, which means substantial compensation is usually available.

Marietta personal injury attorney works to ensure that these victims get the compensation they need and deserve. Victims need this compensation to pay medical bills and other accident-related costs. They deserve this compensation because, in most cases, that’s the only way that a young dog bite victim can possibly live the rest of their life with some sense of normalcy.

Georgia’s Dog Bite Statute

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

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.

Since 2010, the number of fatal large truck crashes has increased by 31%. The danger has increased as regulators, citing supply chain concerns, now look the other way when truckers violate HOS (hours of service) laws and other safety laws. These cases are quite complex since the liability chain does not stop with the tortfeasor (negligent driver). The company that owned the truck, which is usually an out-of-state conglomerate, is legally responsible for damages in these cases. 

So, there is usually no such thing as a “simple” truck crash claim. Such a complex case demands a Marietta personal injury attorney with a certain skill set. There is no way to guarantee that a victim will find the right lawyer. However, victims who look for the following three qualities in their attorneys have a much better chance of obtaining maximum compensation for their serious injuries.

Experience

Eventually, most personal injury cases in Georgia settle out of court. However, in most civil cases, “eventually” is a very long time. Insurance company lawyers drag their feet as much as possible. Every day that a settlement check stays in the insurance company’s bank account, the bank pays interest. Vehicle collisions kill or seriously injure millions of people each year, and the average injury-related medical bill is over $50,000. Because of the volume and value of these claims, there is a lot of money at stake, and every day counts.

If possible, insurance company lawyers would gladly use legal loopholes and aggressive negotiating tactics to reduce or deny compensation to victims. Only a Marietta personal injury attorney levels the playing field. As a result, victims have a much better chance of obtaining the compensation they need and deserve. Damages in a car wreck case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Pre-Filing Settlements

At a minimum, fully-loaded semi-trucks weigh over 80,000 pounds. Especially if they carry consumer goods, state and federal regulators almost routinely give truckers overweight waivers. Although today’s cars and trucks have many more safety features than the ones made 20 years ago, modern safety features cannot possibly absorb all the force in a high-speed truck wreck.

Largely because of this excessive force, the average injury-related medical bill in a serious injury claim exceeds $100,000. If the victim required helicopter medevac, which is common in these cases, the medical bills could exceed $150,000. Generally, group health insurance companies refuse to cover such costs. So, a Marietta personal injury attorney connects victims with doctors who, even though they are tops in their fields, charge nothing upfront for their services.

Head Injuries

Georgia law regarding owner liability for U-Haul, Enterprise, and other rented vehicle wrecks is very complex. 49 U.S.C. 30106 makes these laws even more complex. In the wake of several large verdicts in the 1990s, including one that involved a fireball Enterprise Rent-a-Car wreck in Connecticut, lawmakers added the Graves Amendment to a large transportation bill in 2002. Rep. Sam Graves and his colleagues wanted this amendment to immunize owners of rented vehicles from liability lawsuits. However, as outlined below, the Graves Amendment contains some large holes.

In most cases, a Marietta personal injury attorney can use the complex Georgia laws to hold U-Haul, Enterprise, and other vehicle rental companies responsible for damages if they rent vehicles to individuals who cause crashes. This third-party liability is important because, in most cases, rented vehicle drivers have little or no insurance. Vicarious liability gives injured victims another way to obtain compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligent Entrustment

Frequently, a fall puts a person in a nursing home, and a subsequent fall keeps the person there longer than expected. Falls account for 40%of nursing home admissions, and 60% of residents fall at the facility. 

Understaffing and overcrowding contribute to many of these incidents. Groundskeeping and other such maintenance areas are often the first things to get cut when nursing homes have trouble hiring workers. Additionally, since the elderly population is expanding so rapidly, many facilities are almost constantly under construction. Construction zones are hazardous for older adults.

Falls normally cause very serious injuries. A Marietta personal injury attorney can obtain the compensation these victims need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

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