Marietta Injury Lawyer Blog

Georgia Victims of Medical Malpractice May Lose Access to the Courts if the Insurance Companies Have Their Way

January 12, 2010 | Benjamin S. Persons, IV

Insurance companies are waging war on the American Civil Justice System. They consider the Right to Trial by Jury and the Rule of Law unnecessary speed bumps reducing insurance company profits. Insurance companies began their organized attack on the constitutional right to a trial by jury since before this Georgia Injury Lawyer started practicing law, over ten years ago. In recent years, Insurance companies in Georgia have been specifically targeting victims of medical malpractice.

Luckily, many still believe the American Civil Justice System is still the best system in the world and have taken up the fight to defend the Right to Trial by Jury. Recently, a leading civil justice blog addressed the question how many hoops should medical malpractice victims have to jump through to obtain justice? It is an excellent read.

Woman that Caused Violent Gwinnett County Bus Collision Charged with DUI and Held Without Bond

January 5, 2010 | Benjamin S. Persons, IV

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.

A Marietta Injury Lawyer Explains What To Do If Your Car Breaks Down on the Interstate

December 12, 2009 | Benjamin S. Persons, IV

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.

Atlanta Woman Struck and Killed by Tractor Trailer on I-285 Over the Thanksgiving Holiday Weekend

December 12, 2009 | Benjamin S. Persons, IV

As a Marietta Personal Injury Lawyer that travels out of State every thanksgiving holiday, I was sadened to see Atlanta suffer several deadly collisions over this past holiday weekend. One of the first tragic stories occurred early Wednesday morning on I285. A woman’s car had broken down and stopped on the left shoulder of the interstate. She was hit by a tractor-trailer when she left her vehicle to go get help. The woman’s name was not released. However, 11alive reported she died at the scene.

Drivers are extremely vulnerable when their vehicles are stopped on the interstate. Depending on the situation, both staying in and getting out of your vehicle can be very hazardous choices. Atlanta is a dangerous city and we have more than our share of terrible accidents. If you break down, always try to stop your car on the right shoulder of the interstate. Get as far off the road as possible and put on your hazard lights. Call 511 and 911 and a HERO unit will be sent to your location.

In response to tragic incidents such as Wednesday’s fatal crash, 11alive wrote the article To Sit or Make a Run for It. Clearly, neither is a safe choice. Hopefully we can find new ways to make the interstate safer for stranded motorist.

Forsyth County Car Collision Kills Distracted Driver

December 4, 2009 | Benjamin S. Persons, IV

As an Atlanta Car Accident Lawyer, I was saddened to see another reported car collision death in the metro area caused by driver distraction. A Forsyth County woman was killed when her car crossed into oncoming traffic and struck another vehicle Wednesday night. According to WSBTV the woman was eating a sandwich and fries when the crash occurred.

According to the National Highway Traffic Safety Administration, auto accidents are the number one cause of accidental death in America and Georgia is no exception. In our State, over 1,600 people die every year from motor vehicle accidents. Across the nation, distracted drivers are reported to be the number one cause of motor vehicle accidents. We spend so much time in our car that multi-tasking while driving has become common place. In a recent survey conducted by a national insurance company, 80% of drivers admitted to driving while talking on the cell phone, eating, conversation with passengers, or some other type of distraction.

Every now and then, almost all of us will engage in some sort of distraction when we drive. When I drive through town, it seems like every other driver I see is on a cell phone. We all need to be more conscious of distractions when we drive and educate our children about the dangers of cell phone use, eating, and other types of driving diversions. A tragic accident like this illustrates the dangers of distracted driving and hopefully brings awareness to a very real issue that kills thousands of Americans every year. My prayers go out to everyone affected by this terrible accident.

Auto Accidents are Inevitable; Which are the Safest Cars?

November 22, 2009 | Benjamin S. Persons, IV

As much time as we spend in our cars in cities like Atlanta, Georgia, auto accidents are going to continue to be an unfortunate fact of life. It comes as no suprise that in every leading consumer survey safety is always among the top concerns with American consumers. As a Georgia Personal Injury and Product Liability Lawyer, I’m always interested in the Insurance Institute for Highway Safety’s annual report.

Now available are the Institute’s Top Safety Picks for 2010. The institute’s findings rate vehicles good, acceptable, marginal, and poor based on performance in high-speed front and side crash tests, a rollover test, plus evaluations of seat/head restraints for protection against neck injuries in rear impacts to determine the vehicles overall crashworthiness. Compared to prior years, far fewer vehicles received safety awards this year. Several manufacturers had cars fail the overall crash test in this year’s review. Of particular concern, many of the vehicles tested rated poor in the roof strength rating.

The roof strength test is a new criteria IIHS is using for 2010. When vehicles built with weak roofs roll over, death and paralyzation are common occurances. Product liability litigation has brought to light the catastrophic injuries and deaths caused by defectively weak roof designs. With experts estimating costs as low as $50-$150 per vehicle to build significantly safer roofs, it is encouraging to see the leading safety studies including roof strength tests in their overall analysis.

Fatal Atlanta Car Crash Caused by Suspected Drunk Driver

November 21, 2009 | Benjamin S. Persons, IV

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.”

The American Cancer Society Sharply Critical of New Mammogram Standards; “Annual Mammograms From Age 40 on Save Lives”

November 18, 2009 | Benjamin S. Persons, IV

For nearly two decades, the American Cancer Society has been recommending annual mammograms beginning at 40. However, the U.S. Preventive Services Task Force, a government panel of doctors and scientists, recently issued a controversal report that mammograms are not recommended until age 50 and then only every other year. In response to the government report, the Cancer Society’s chief medical officer, Dr. Otis Brawley stated “This is one screening test I recommend unequivocally, and would recommend to any woman 40 and over,”
Dr. Brawley went on to offer this sharp criticism of the report: “The task force advice is based on its conclusion that screening 1,300 women in their 50s to save one life is worth it, but that screening 1,900 women in their 40s to save a life is not, Brawley wrote. That stance “is essentially telling women that mammography at age 40 to 49 saves lives, just not enough of them,” he added.

As a Georgia Injury Lawyer that deals with insurance companies on a daily basis, I’m concerned about the insurance implications this task force report will have on healthcare. Although research shows annual mammograms beginning at age 40 save lives, I fear health insurance companies will use this recent report to justify refusing payment for mammograms before the age of 50 and then only authorize mammograms every other year. Like prexisting conditions and other insurance created concepts, this will give insurance companies additional opportunities to accept premiums without providing appropriate benefits.

Georgia Traffic Deaths and Serious Injuries Anticipated this Thanksgiving

November 15, 2009 | Benjamin S. Persons, IV

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.

Atlanta is a Dangerous City for Pedestrians

November 13, 2009 | Benjamin S. Persons, IV

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.