Personal Injury

Getting Around the Graves Amendment

August 19, 2022 | Benjamin S. Persons, IV

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

What You Should Know About Nursing Home Falls

April 8, 2022 | Benjamin S. Persons, IV

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.

Tadpole Nerve Regeneration Could Give a Clue for Treating Spinal Cord Injuries

February 28, 2022 | Benjamin S. Persons, IV

Researchers at Nagoya University recently identified a gene that plays a vital role in regenerating the neurons of tadpoles. They conducted experiments on African clawed frog tadpoles and discovered that the gene helps aid recovery for spinal cord injuries. Medical experts hope that this discovery will help them develop better medical treatment options for spinal cord injuries. As of right now, there are minimal treatment options outside of physical and occupational therapy for patients with spinal cord injuries.

Injecting the Gene Led to a Partial Recovery

The researchers injected mice with the gene. Specifically, they injected the gene into the mice’s spinal cords and found that the mice who received the injection had partial recovery of their lost motor functions. First, the researchers analyzed the gene expression profiles for tadpoles regarding spinal cord injuries. They discovered that a gene called Neurod4 was expressed during the nerve regeneration process in tadpoles. They hypothesize that using this gene in mice could help aid neural tissue regeneration after an injury.

Obtaining Compensation for Dog Bite Injuries in Georgia

February 11, 2022 | Benjamin S. Persons, IV

The number of animal attacks has increased significantly over the years. Today, dogs bite millions of Americans every year. A significant number of these attacks cause serious injuries. Some of these serious injuries are outlined below. Much like the number of attacks, the medical bills associated with these bites have increased, as well. That is partly due to high medical bill inflation and mostly due to a better understanding of dog bite injuries.

These victims can work with a Marietta personal injury attorney and obtain the compensation they need and deserve in these situations. Dog bite victims have several options in Georgia, and each option has some pros and cons. However, a number of insurance company defenses are available as well. Common ones include provocation, which is a form of comparative fault, and assumption of the risk, which usually involves a “Beware of Dog” warning sign. So, only the most aggressive and experienced lawyers should handle these cases.

Direct Physical Injuries

Dog Bites in Georgia: What You Should Know

January 14, 2022 | Benjamin S. Persons, IV

In 2020, mostly due to coronavirus restrictions, the number of dog bite claims fell slightly. However, the average settlement per claim hit an all-time high. Medical bill inflation, which has increased significantly since 2008, is partly responsible for this increase. Furthermore, doctors better understand the nature of dog bite physical and emotional injuries. More on that below.

Animal attack laws vary significantly in different jurisdictions. Georgia’s dog bite law is especially complex. Essentially, lawmakers have tried to balance the interests of pet owners, who usually want limited liability laws, and victims, who need protective laws. Typically, if you stay in the middle of the road, you get run over.

So, only a highly-experienced Marietta personal injury attorney should handle these claims. A less-experienced attorney might not be able 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.

Bus Drivers and Safety Responsibility in Georgia

January 7, 2022 | Benjamin S. Persons, IV

Intercity and municipal bus travel has increased significantly over the past 10 years. To accommodate more passengers, buses have also become larger over the past several years. Even experienced drivers have a hard time controlling such vehicles. Safe operation is even harder because, in most cases, drivers have multiple safety responsibilities. More on that below.

As passenger travel and vehicle size increase, the potential for serious injury increases, as well. Bus crash and other large vehicle injuries are often complex, usually because the victims live in different counties and even different states. So, only an experienced Marietta personal injury attorney should handle such claims. That is the best way, and often the only way, to ensure maximum compensation for your serious injuries.

Driver Safety

Fatal New Year’s Eve Wreck in Barrow County

December 31, 2021 | Benjamin S. Persons, IV

Investigators believe alcohol was the primary factor in a serious collision that killed one person and sent another one to a hospital.

The wreck happened near the intersection of Dee Kennedy Road and Emperor Lane. According to state troopers, a 55-year-old man, who was behind the wheel of a pickup truck, smacked into the rear of a 20-year-old’s Ford Focus. The force of the collision caused both drivers to lose control of their vehicles. The Focus left the road and careened into a tree, killing the driver almost instantly. Emergency responders rushed the other driver to a nearby hospital.

Charges are pending against the truck driver as the Georgia State Patrol Specialized Collision Reconstruction Team continues its investigation.

What is the Graves Amendment and Why Does it Matter?

December 24, 2021 | Benjamin S. Persons, IV

This federal law often affects U-Haul and other rental vehicle collision claims. A fully-loaded, 26-foot U-Haul truck weighs about 36,000 pounds. When these trucks are involved in high-speed collisions, the resulting injuries are often catastrophic.

Frequently, U-Haul drivers have little or no insurance. This lack of insurance is normally not a problem. Under the negligent entrustment rule, vehicle owners are financially responsible for damages if they knowingly allow incompetent operators to drive their motor vehicles.

Given the size of U-Haul trucks and the fact that the drivers normally do not have commercial licenses, many U-Haul drivers are incompetent. However, an obscure provision of federal law, the Graves Amendment, protects some U-Haul owners in some cases.

Car Accidents and Traumatic Brain Injuries (TBIs)

December 17, 2021 | Benjamin S. Persons, IV

According to the Centers for Disease Control and Prevention (CDC), there are about 1.7 million traumatic brain injuries (TBIs) that occur every year. After falls, car accidents are the second-leading cause of these types of injuries, contributing to about 17.3% of these injuries per year. The following article will discuss some of the causes of TBIs resulting from car accidents and will provide some potential effects that TBIs can have.

How do car accidents cause TBIs?

Car accidents can cause TBIs in some of the following ways:

My Workers’ Compensation Claim Was Denied. What Now?

December 3, 2021 | Benjamin S. Persons, IV

Workers’ compensation claims are denied by insurance companies for various reasons. If your claim is denied, it can be confusing trying to figure out what your next steps should be. The following article will provide information regarding some of the most common reasons why workers’ compensation claims are denied by insurance companies, as well as some steps you could take if your claim is denied.

What are Some Reasons Why Workers’ Compensation Claims are Denied?

Workers compensation claims can be denied for any number of reasons, some of which include: