Marietta Injury Lawyer Blog

Toyota Unintended Acceleration Incidents Linked to Electronic Throttle Control Systems

February 6, 2010 | Benjamin S. Persons, IV

Product Liability Lawyers, research groups, and the federal government have been closely following consumer complaints, injuries, and deaths resulting from Toyota unintended acceleration problems. Toyota claims the multiple recalls for floor mats and gas pedals will fix the problem. However, there is compelling data linking these acceleration incidents to the electronic throttle control systems. I anticipate there are more Toyota vehicle recalls in our future.

Illinois Supreme Court Holds Medical Malpractice Caps Unconsitutional

February 5, 2010 | Benjamin S. Persons, IV

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.

Fatal Houston Car Crash Leads to Lawsuit Against Toyota

February 2, 2010 | Benjamin S. Persons, IV

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.

Toyota Has Announced Fix For Defective Gas Pedals

February 2, 2010 | Benjamin S. Persons, IV

Of interest to Georgia Product Liability Lawyers, this week Toyota announced it has created a fix for defective gas pedals in millions of recalled vehicles. The replacement parts are being shipped and dealers will be extending hours to accommodate all the expected repairs.

Georgia Product Liability Update; Honda Recalls 646,000 Fit Models Due to Fire Hazard

February 1, 2010 | Benjamin S. Persons, IV

Georgia Product Liability Update; Honda recently recalled 646,000 2008 and 2009 Fit Models (also known as City and Jazz internationally) due to a fire hazard in the window switch. The Honda recall affects 114,000 vehicles in the United States.

Chrysler Recalls Vehicles Due to Possible Brake Failure

February 1, 2010 | Benjamin S. Persons, IV

As part of our continued Georgia dangerous and defective products update, Chrysler Group has announced it is recalling thousands of Chrysler, Dodge, and Jeep vehicles to fix a defective part linked to sudden brake failure.

Personal Injury Attorneys, The Persons Firm, LLC, Now On Twitter And Facebook

January 31, 2010 | Benjamin S. Persons, IV

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

Follow us on Facebook.

Follow us on Twitter.

Marietta Injury Lawyer Explains What To Do If Your Toyota Suddenly Accelerates

January 29, 2010 | Benjamin S. Persons, IV

The National Highway Traffic Safety Administration and other organizations have been compiling Toyota unintended acceleration data for years. The following is the most up to date data I could find of reported Toyota incidents from 1999 to present:

Total Incidents – 2262

Crashes – 815

Toyota Expands Massive Recall Amid Continued Reports of Runaway Toyotas

January 25, 2010 | Benjamin S. Persons, IV

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,

Preventing Georgia Car Crash Deaths and Injuries the Stated Purpose of the New Super Speeder Law

January 14, 2010 | Benjamin S. Persons, IV

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.