Atlanta Injury Attorney Blog

It is Next to Impossible to Sue 911 Operators for Negligence in Georgia

Mon, 30 Jan 2012 18:52:48 -0500

When faced with a life threatening emergency, often our first thought is to dial 911 for fast help and advice. We hear the panicked calls on the evening news all the time and pray that we never have to make use of the service. 911 operators are trained to quickly gather essential information from the caller so they can arrange for appropriate emergency personnel to respond. They are also trained to give advice to callers while emergency help is on the way. The advice and assistance given by 911 operators can make the difference between life and death. But they are human and imperfect and some are downright incompetent.

Is this a Fair Settlement Offer from the Car Insurance Company?

Sat, 28 Jan 2012 19:58:06 -0500

"The insurance company is offering a settlement; is it a fair settlement offer?" I get this call at leas wife a week and when the caller is represented by an Atlanta car accident attorney already, it is disconcerting because that is who the question would be directed to. Nevertheless, this article wil tackle the two most common scenarios that result in this phone call; do it yourselfers and people represented by lousy lawyers.

Lawsuits Against Bars for Overserving Customers Gain Victory in Georgia Appeals Courts

Mon, 16 Jan 2012 17:52:45 -0500

With the holidays recently coming to a close, many people are looking back on late-night gatherings they enjoyed with friends and family throughout the season. While most holiday parties go smoothly, however, from our experience practicing law we know that many of these events end in DUI charges and other alcohol-related legal problems. Historically, alcohol has had a complex relationship with the law, ranging from outright prohibition in the 1920s to modern-day task forces monitoring underage drinking near fraternity houses. Because of this, laws are refined and changed rather frequently, and one of the most important examples is the Georgia Supreme Court’s reinforcement of the Dram Shop Act last July.

Wrongful Death Liability for Georgia State Patrol for New Years Eve Crash

Mon, 02 Jan 2012 12:03:37 -0500

We heard the sirens as my wife and I walked to the Chik Fil A Bowl to watch Virginia get crushed by Auburn and it was not until the next day that we read about the tragic collision that took the life of the wife of an Atlanta Braves trainer. She was killed when her SUV was struck by a Georgia State Patrolman speeding to help another officer in a traffic stop. The patrolman was not in pursuit of anyone at the time and had his lights activated but witnesses disagree on whether his siren was active. It is undisputed that he entered the intersection on a red light.

Depositions in Car Accident Cases: It Depends on What Your Definition of Is Is

Wed, 21 Dec 2011 18:56:54 -0500

So, we just finished deposition a tractor trailer driver who was involved in a collision with a motorcycle that kill the cyclist. The truck driver had been driving down a road with two lanes on each side of a grass median and he had taken a left turn. While being asked the questions in deposition, he was asked several times whether he turned from the left hand hand lane. He was asked whether he got into the right hand lane as some tractor trailer drivers are prone to do. They tend to take wide angles on the turn to allow the tandem wheels to track properly around the curb.

Lawyers Seek Permission to Offer $10,000 Reward for Hit and Run Truck Driver

Thu, 08 Dec 2011 17:14:58 -0500

Our firm is currently working with the family of Tre Little to track down a tractor trailer driver who caused a hit and run crash on I-285 at 5:30AM on November 15th. There is physical evidence that a Ford Focus was struck by the tractor trailer and slammed into Mr. Little's car. Both of those drivers were killed by a third vehicle when they got out of their car.

Your Arrest Gets Published Online and It's the First Thing That Comes Up When You Google Your Name

Sun, 27 Nov 2011 22:15:19 -0500

In the course of handling a lawsuit against an underage driver who was charged with DUI for civil damages stemming from a bad injury, we googled the Defendant and one of the top hits was his more recent arrest for Minor in Possession. www.Arrestcentral.com and www.Bustedmugshots.com are two examples of sites that cull readily available arrest information and make it very Google friendly.

Alcohol Sales in Sandy Springs Start November 11 but Not in Atlanta

Thu, 17 Nov 2011 08:07:50 -0500

Sandy Springs and Woodstock will start Sunday alcohol sales as early as 12:30 PM on Sunday November 20th but it will take a while longer in Atlanta. The Atlanta City Council passed an ordinance saying that sales will not go into effect until January 1, 2012.

Top Five Initial Mistakes that Car Accident Victims Make

Wed, 16 Nov 2011 10:33:30 -0500

As Atlanta car accident attorneys, we get calls all day long from anxious car accident victims with questions ranging from property damage fairness to complex surgical options. Over the last 2 years as health insurance and car insurance regulations have evolved, one thing is clear; there is a dearth of good information out there. Without further ado then I will hit today on the top five mistakes that we see people making after they are injured in a car accident.

What Does an Epidural Steroid Injection Feel Like?

Tue, 15 Nov 2011 14:37:06 -0500

So today I had to go in for an epidural steroid injection to my L5-S1 level due to radiating numbness in my leg and pain for several months. Over the last 15 years as an Atlanta car accident lawyer, I have discussed, analyzed, asked deposition questions and argued about these procedures. Going through with one yourself is quite another experience altogether.

Lawyers Barred from Seeking Punitive Damages for Cell Phone Use

Wed, 26 Oct 2011 14:37:45 -0500

In a groundbreaking Atlanta car accident case, lawyers have received an unfortunate decision on whether a driver who causes a crash and injury because of cell phone use can be sued for punitive damages. The Georgia Court of Appeals ruled in Lindsey v. Clinch County Glass Inc. No A11A1313 that where a driver caused a car accident while talking on a cell phone, the injured party cannot pursue a claim for punitive damages.

Georgia law allows a party to sue for punitive damages when there is a "pattern or police of dangerous driving, such as excessive speeding or driving under the influence." But the Court stopped short of finding that talking on a cell phone and causing a crash was anything more than a violation of the rules of the road. The decision did not bar a car accident victim from seeking punitive damages in cases where the at fault driver was texting and driving although no case has specifically said that texting enables a punitive damages claim either.

North Fulton Regional Hospital and Atlanta Medical Center Bills after a Car Accident

Tue, 18 Oct 2011 11:07:47 -0500

When clients meet with us after a car accident in Atlanta and they disclose that they received their emergency room care at North Fulton Regional or Atlanta Medical Center and they do not have health insurance, we know going in that the bill is going to be staggering. Back in 2009, the Atlanta Journal Constitution ran a study on the markup hospitals apply to cost.

For Those Hurt By a Drunk Driver in Atlanta, Proof of Other Offenses is Critical

Mon, 17 Oct 2011 09:46:37 -0500

We handle between 10-15 cases at any given time involving people hurt by drunk drivers and one of the frequent questions we hear relates to punitive damages and how multiple convictions can affect the outcome. As we have discussed in our article on how to prosecute car accidents caused by drunk drivers in Georgia, when an injury is caused by a drunk driver, Georgia law allows us to seek punitive or "punishment" damages against the driver and their insurance company. There are some situations where certain insurance companies do not provide coverage for punitive damages, but all of the front line insurers including Allstate, State Farm, Progressive, Liberty Mutual and USAA are obligated on their liability policies to pay for punitives against their insured.

To Do List for After a Car Accident Video Posted

Sun, 09 Oct 2011 13:29:31 -0500

We just completed our most recent instructional video on steps to take after you are involved in a car accident in Georgia. Some of these action items are intuitive but others will surprise you.

How To Get Out of Jury Duty in Fulton County, at Least Once

Wed, 28 Sep 2011 09:00:22 -0500

So once again i got summoned for jury duty in Fulton County, the massive County that includes the City of Atlanta. Many people are apprehensive about jury duty so i thought we would lay out the basics of what to expect. Can you get out of jury duty? Yes for the day they summon you , but eventually you will have to serve on another date.

How do i get out of jury service? If you care for a child 6 or under, are doctors orders sick or over 70, you can get out of it. If you have some pressing engagement,you can call into the Court and geta reset date often several months down the road.

The night before, call the court to verify that your group is being called for service.

If you are stuck on jury duty, park at the Atlanta Underground accross the street for about 10 bucks unless that is too expensive in which case you should take MARTA.

It says to show up at 8, which you should your first time so you can watch the orientation film.other wise 8:30 is fine. Check in with the clerk and you will get a badge.

Then begins the first phase of waiting. The clerk will call out your name if they need you as part of the jury pool and will give you a number and tell you what courtroom to report to. If it is a car accident case or another insurance case they may ask you whether you are insured with an involved inaurance company. Once you receive your pool, go down to the courtroom and stand in another line while you wait for your batch of prospective jurors to be interviewed by e lawyers.

Voir dire is the latin name for the process by which lawyers vette prospective jurors. It is not veryinvasive so don't be nervous.

So, there are two primary waiting periods. Firs, you wait to be part of batch of prospective jurors and se ond when your batch is being interviewed in the courtroom.

The last time it took until 6 pm for the second half of the process to go through.

Bring a book, laptop, music and snacks. You will be bored.

Once the interview process starts though, you will be far more interested. Serving as a juror is critical to the functioning of the court system. This is your civic duty and you should honor the committment. Move the date if it will kill your small business and tryto get it moved to a slow time of the season.

Remember that Superior Court handles divorce, felony crimes and other civil matters. state Court handles misdemeanor crimes and every other kind of civil case except divorce.

Keep an open mind and enjoy the process!