Atlanta Injury Attorneys Blog

Tanker Truck Crash Causes Cobb County I-75 Nightmare

Tue, 24 Jan 2012 12:15:56 -0500

Several factors could have been involved in the long delays caused by a truck accident that occurred earlier this week on northbound I-75 in Cobb County. Tanker trucks, which often carry hazardous materials, are some of the most potentially dangerous vehicles on the road. When rain and slippery roads are added to the mix, there is a real potential for major problems and the sort of serious injuries I see in my practice as a Gwinnett County truck accident lawyer.

In this situation, the tanker truck was carrying a load of 9,000 pounds of propane. The tanker truck was reported by the Atlanta-Journal Constitution to have hydroplaned while traveling on the wet highway. It then struck the median, collided with a tractor trailer and tipped on its side. In fact, the initial accident set off a chain reaction accident that involved an auto and a second 18-wheel truck.

Amazingly, there were only minor injuries from this accident and there was no propane leakage. This is truly miraculous. The very real dangers in this situation and the potential for serious and catastrophic injuries cannot be understated. Everyone involved is quite lucky that there the biggest problem was property damage and lane closures which caused a mess for those trying to travel that day.

In this situation, the driver that caused the wreck was cited. Presumably, the truck was driving too fast for the circumstances. Hydroplaning is often the result of speed and wet conditions. If the conditions require a truck to slow down, the driver must take this into account and reduce speed to avoid the sort of accident that occurred in this situation.

The United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has many regulations that govern the operation of commercial vehicles, such as tanker trucks. Under the federal rules, which apply also to Georgia's roads, drivers must use extreme caution in hazardous conditions. Code of Federal Regulations section 392.14 requires "[e]xtreme caution in the operation of a commercial motor vehicle ... when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist."

Trucks are very heavy vehicles and passenger vehicles share the road with them every day of the week throughout Georgia. As I write about in my eBook on trucking accidents, there are many rules and regulations that govern trucking operations.

Trucking accidents can be serious, if not fatal. Thus, it is very important that those injured learn about their legal rights as soon as possible after an accident that involves a commercial vehicle or truck. Not only are there duties and obligations with which the driver must comply, but the operator or motor carrier company may also be involved. But only an expert can really help with all the potential parties who might be held responsible for a victim's injuries.

As a Gwinnett County, Georgia truck crash lawyer with offices throughout the Atlanta area, I represent victims involved in truck accidents who have sustained injuries in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more. Please contact our law firm for a free confidential consultation at our main Gwinnett County law office, or at our offices in Decatur, the Perimeter and Buckhead.

Tractor-Trailer Dangers: Lane Changes Can Cause Serious Accidents

Fri, 20 Jan 2012 12:35:23 -0500

Earlier this week, a major interstate highway was partially closed due to a tractor-trailer crash which involved several passenger vehicles. Here in Georgia, I have represented many victims and families impacted by tractor-trailer accidents in my work as an Atlanta truck accident lawyer. These accidents can be devastating.

In this recent accident, which occurred in a nearby southern state, the scenario is one we have seen often in the Atlanta area. The truck driver changed lanes and struck a car in the lane next to his. He lost control of his truck and ran off the roadway, striking the jersey wall at the edge of the roadway. The debris from the impact hit two other cars traveling on the road. He was cited with making an unsafe lane change.

Everyone involved was wearing a seatbelt and there were only minor injuries. The very busy Interstate 95 was partially closed as it had been with another truck crash only days before near this crash site.

As noted in my ebook, Back on the Road, What to do After a Serious Semi, Tractor Trailer or Truck Accident in Georgia , an unsafe maneuver is a common cause of truck accidents. Georgia truck drivers must comply not only with the Georgia rules and regulations for driving safety, but the federal trucking regulations that are promulgated by the Federal Motor Carrier Safety Administration which govern commercial vehicle operation, are often involved as well.

The federal regulations require motor carriers, such as trucking companies, to ensure that they hire and train drivers in compliance with federal standards. When a truck accident occurs, it is important to determine whether the motor carrier has complied with such important standards as ensuring that drivers hold a commercial driver's license and have a good safety record. These standards are very strict and are intended for public safety because truck accidents can be very devastating and cause serious and catastrophic injuries.

Georgia's trucking laws also protect our roadways with standards and rules for trucking companies and drivers. The improper of erratic change of lanes is an important safety area with which truck drivers must comply. When drivers do not comply, they can eventually lose their licenses to drive and their livelihood.

The Official Code of Georgia Annotated section 40-5-151 provides that a serious traffic violation, such as a dangerous lane change, can result in a license suspension of not less than 60 days for two serious traffic violations within a three year period and for not less than 120 days if convicted of a third or subsequent traffic violation that is deemed serious. In addition to these punishments, Georgia commercial motor vehicle rules provide that drivers can lose a license after certain violations occur.

My law firm specializes in serious injury and accident cases. Truck accidents can be devastating and require the expertise and experience to build a legal case. Please contact my Gwinnett County and Atlanta area law offices if you have been injured in a truck accident in the Atlanta, Georgia area. I will consult with you at no charge to evaluate your commercial vehicle accident rights and remedies.

Gwinnett and Grayson Mourn Teen Tragedy

Tue, 10 Jan 2012 12:09:13 -0500

Alcohol consumption might be a factor in a tragedy that has stunned the Gwinnett County community. As a Gwinnett County car accident and wrongful death lawyer, I am saddened to report that drivers in our area simply have not learned the lesson that we know can lead to injury or death.

What happened to the two teens is under review. Authorities are piecing together the tragedy that took the lives of these young people. The two teens were cashiers at Kroger's in Grayson. They were tragically killed, and three others were injured, in this terrible car crash in Gwinnett County. The crash was a three-car head-on collision.

What we know thus far is as follows. One deceased teen was driving and the other was a passenger in the car, when the collision took place at the intersection of Webb Gin House Road and Grayson Highway. A third teen was a passenger in the back seat and was taken to Gwinnett Medical Center in critical condition.

It is thought that the vehicle driven by the teen, crossed the center line and swiped another car coming in the opposite direction. That vehicle's driver suffered only minor injuries, as did her passenger. The vehicle driven by the teen then spun out of control after the side-swipe over the center line and struck the third vehicle, a pick-up truck being driven by the driver who was then charged with DUI.

Grayson High School is grieving the loss of young life, as am I. We cannot know for sure whether the DUI driver could have evaded the oncoming vehicle had his response time been unimpaired. This is why it is a horrific mistake to drink and drive.

Georgia law is stringent and clear when it comes to DUI. The Official Code of Georgia Annotated § 40-6-391 prohibits driving under the influence of alcohol, drugs, or other intoxicating substances. The penalties for driving under the influence are also found in this provision. Drivers convicted of violating this provision are guilty of a misdemeanor on a first and second conviction, but on a third conviction drivers are guilty of a high and aggravated misdemeanor, and on a fourth or more conviction drivers are guilty of a felony. The penalties for these stepped-up convictions include monetary fines and prison sentences.

For many years now, I have been a financial supporter of Georgia Mothers Against Drunk Driving and I have also served as a member of the MADD executive committee. In my catastrophic personal injury law practice, I have represented the injured victims of drunk drivers. Like all supporters of Georgia Mothers Against Drunk Driving, I will continue to support the effort to get the message out that drinking and driving must be eliminated.

If you have been injured in an accident caused by a drunk driver, please contact The Law Offices of P. Charles Scholle, for a free consultation. We have conveniently located offices in Duluth and throughout the Atlanta area. We are able to support victims in pursuing their legal rights and recover from their injuries from these convenient locations.

Tragic Atlanta Collision -- Trooper's Cruiser Crashes with SUV

Mon, 02 Jan 2012 17:34:36 -0500

We are all aware that law enforcement has a tough job to do in keeping us safe. That job can be made even tougher when members of the public are at the wrong place at the wrong time. This past Sunday, the wife of an Atlanta Braves trainer died when a Georgia State Patrol cruiser was speeding to aid other law enforcement in a hot pursuit and hit the car she was in with her family. Others in the vehicle, including her husband and son, were injured as well. In my experience representing clients as a Gwinnett County injury and wrongful death lawyer, I know this tragic loss of life is devastating to loved ones. My personal condolences go out to the family involved in this terrible accident.

The scenario is one we have read about before, but it never gets easier, especially when life is lost. The Atlanta-Journal Constitution reported that a witness, who saw a state trooper's cruiser speed past him - feared something might happen and it did. He told the AJC that only " '[s]econds later I heard a big blast like a train crash.' " The sound was the cruiser, its lights and siren on, hitting an SUV that was driven by the Braves trainer. The SUV was hit at the intersection of Capitol Avenue and Memorial Drive in downtown Atlanta.

The cruiser was driven by a veteran Georgia state trooper, on his way to help other law enforcement in a chase situation. The trooper's injuries did not require hospitalization, although he did get treatment at Grady Memorial. The authorities are working to reconstruct what happened in this tragedy.

Among the many scenarios that law enforcement must face, is the need to travel at high rates of speed when innocent bystanders are also present. It is possible that the trooper was not able to see the intersection or the vehicle he hit - because the witness noted it was at the crest of a hill. Authorities should be releasing more on the crash as information becomes available.

We want to remind our readers about what Georgia law requires in situations like this. Official Code of Georgia Annotated § 40-6-74 sets out how drivers must operate on the road when an emergency vehicle is approaching. It requires that "[d]rivers of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer." However, emergency vehicle drivers must also "drive with due regard for the safety of all persons using the highway."

In some situations, it is not possible to pull over to avoid an emergency vehicle. Perhaps in this situation, the emergency vehicle came along with so little warning there was no way for the driver to get out of its way. We will only know this after reconstruction occurs.

Georgia's Move-Over Law is also important to remember. This law requires that drivers "move over" one lane when possible when an emergency vehicle with flashing lights is parked on the shoulder of the highway. If traffic is too heavy to move over safely, the law says drivers must slow down to a speed below the posted speed limit and also must be prepared to stop.

My professional experience as a serious car accident lawyer, has given me the opportunity to help families deal with the legal aspects of serious accidents and injuries. My law firm, the Law Offices of P. Charles Scholle has convenient offices throughout the Atlanta area. Please contact my law firm to arrange for a free consultation with me on matters ranging from truck accidents, motorcycle crashes, personal injury, wrongful death and estate administration.

Georgians Be Safe -- Deadly Fire Teaches Tragic Lesson

Wed, 28 Dec 2011 10:20:54 -0500

A Christmas morning fire that took the lives of nearly an entire family, serves as an important safety warning for all Georgians for general and holiday fire safety. In my practice as a Gwinnett County catastrophic injury lawyer, I have helped many Georgia families who have experienced tragic accidents and wrongful death of loved ones.

Often families are able to eventually move past their grief and use the tragedy they have experienced to help others. That is what I hope will be the outcome of the terrible fire that took place over the Christmas holiday.

Please make sure that you are aware of how to keep your family safe from fire danger. It is important to learn about what you can do to ensure that tragedy does not happen to you as it did to the family members lost in the Christmas day fire.

Please keep in mind safety tips if you are building a fire in your fireplace this holiday season. Remember that hot embers stay hot for up to hours and hours. In the tragic Christmas day fire, the fireplace embers were likely removed from the fireplace and put in an entry way or near the trash.

A spokesperson interviewed by the Associated Press and published in the Atlanta-Journal Constitution after this fire noted that fireplace embers stay very hot for many hours and can be sufficiently hot to actually ignite a fire even a day after the fire has been put out. It is common sense that if embers are removed, they must be put in a metal container and should be taken outside for at least one day before putting them in the trash.

Make sure that your fireplace has been inspected by professionals before you use it, or if you have not used it recently. Make sure that you have smoke detectors in your home or apartment that are functional and that are placed in the correct locations. If your home is under renovation, it is very important that family members are not living in the renovation before it has been approved by authorities. It is thought that this could have been the case in this tragedy.

If you live in a single or a multiple story structure, it is important to have drills and safety routes for yourself and your family, especially from bedrooms in which family members might be sleeping when a fire breaks out. There are many safety products that are available for families to use for escape, including ladders that can be placed near windows.

In addition, consumers can avoid serious burn injuries and the fire dangers from dry Christmas trees by reviewing safety videos posted on the U.S. Fire Administration's website. The U.S. Fire Administration also has important information on its website about avoiding fires from Christmas lights and other sources. It might be surprising to consumers to learn that Christmas trees account for 240 fires annually which are most often caused by shorts in electrical lights, open flames from candles, lighters and matches. It is very important that live trees are well-watered to avoid dryness that can lead to fire danger.

When legal questions arise after an accident, injury or fatality, it is important to consult with an experienced serious injury lawyer with a record of success. If you have been injured in an accident, or have a family member who has tragically passed away due to the negligence of another, please contact the Law Offices of P. Charles Scholle, for a free consultation regarding your legal matter. We have convenient offices throughout Atlanta for your convenience in meeting with us.

Georgia Drivers and the NTSB's No Cell Phone Recommendation

Wed, 21 Dec 2011 13:08:10 -0500

Earlier this month, the National Transportation Safety Board announced that it would like to see states ban calling and texting while driving. They extended this recommendation even to hand-free devices which apparently do not completely eliminate distracted driving risks. Here in Georgia, I serve as an Atlanta area accident lawyer and represent drivers harmed in serious motor vehicle crashes. Safe driving can certainly help avoid tragedy, but how far should lawmakers go in managing these risks?

Many states differ in this regard, some have complete bans on the use of cell phones unless it is hands free like California and New York. Georgia bans texting while driving, but allows the use of cell phones whether hand-held or not. Specifically, the Official Code of Georgia Annotated (O.C.G.A.) § 40-6-241.2 prohibits drivers from operating a motor vehicle on any public road or highway "while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data." It is worth noting that even reading a text is prohibited, which could be viewed as similar to picking up the phone to make a call.

It is also worth a few minutes of your time to go to the NTSB site linked above, to find out why the NTSB asks rhetorically, so "what's the big deal" and to review the statistics. We know that 3.092 people lost their lives last year because a driver was distracted while behind the wheel. If we were able to talk with those people now, what do you think they would say about driving distracted?

As noted by the NTSB, an uneventful trip can be one that is never forgotten when tragedy strikes in a distracted driving situation. Many of the accidents that happen when drivers are distracted by texting or talking on the phone while driving, could likely be avoided if the driver's focus was fully on the road.

Although it is important for the states to look at the NTSB recommendation and Georgians are concerned about losing their right to use a phone while driving, it is doubtful that our lawmakers will impose such a restriction on Georgia drivers any time soon. After the NTSB announcement, the author of the Georgia anti-texting bill said that most lawmakers here would oppose a universal ban on cell phone use behind the wheel. He recommends the use of hands free devices and sees no difference between talking on a hands free device and a passenger in the car next to the driver.

But some experts point to subtle differences in behavior while on the phone as opposed to talking with a passenger, including the fact that the person on the phone cannot help the driver see things on the road that might be happening in front of him or her. Interestingly, UPS, which is based in Atlanta-based prohibits its workers from using cell phones while driving.

The NTSB cannot force states to enact the prohibitions they recommend. These came about after a terribly tragic pile-up last year in Missouri in which two people were killed and nearly 40 people were injured after it was determined that texting while driving was what started the accident in the first place.

The Georgia Governor's Traffic Safety Office would like to see drivers put their cell phones away while driving as ideally this is a safer way to go. The Atlanta-Journal Constitution quoted the deputy director of the Governor's Office of Highway Safety as saying " '[d]istracted driving is a serious problem. Put the cell phone in the glove compartment.' "

And local law enforcement agrees with this recommendation as the Cobb County Police Department spokesperson was also quoted as saying that use of a cell phone, for example, to dial a telephone number, " ' ... diverts a person's eyes from the roadway to that device ... [and] reduces the response time of drivers.' "

If you or a loved one has been injured in a serious motor vehicle, truck or motorcycle accident as the result of another's texting or other reckless or negligent conduct, the Law Offices of P. Charles Scholle can help. Serving Metro Atlanta and all of Georgia, Gwinnett County injury attorney Charles Scholle understands the potentially catastrophic and devastating impact car, semi-trailer and motorbike accidents and distracted driving can have and can help you secure your legal rights and work hard to obtain the compensation you deserve.

Power Play? Semi-Truck Driver Waits Out Live Wires On His Truck

Wed, 14 Dec 2011 13:51:17 -0500

What would you do if a live wire fell on your vehicle? Do you know what safety calls for in this situation? Sometimes I get asked very good questions like this in my practice as an Atlanta truck accident lawyer. Well, if you do not know the answer to this question, a somewhat unusual car and truck accident this morning in Atlanta might be instructive.

Earlier today, the driver of a Honda said she had no recollection of hitting either a power pole or fire hydrant on West Marietta Street. The impact resulted in live wires being strewn across a semi-truck with the driver inside. She told the Atlanta-Journal Constitution that she "was at the stoplight and ... blacked out."

Atlanta Fire Rescue was called to the West Marietta Street location where traffic was shut down in the eastbound direction and local power was out for a while.

What is very important to note in this situation is that the driver of the semi-truck did not exit his vehicle because he knew to remain in his cab until he knew that the power had been cut. Had he tried to leave his vehicle, Atlanta Fire Capt. Bobby Ferrell said " 'the downed wires could have proved lethal."

He explained that those within a vehicle near a downed wire should " '[n]ever open the door and get out of your car when wires are down' " since we should "treat all downed wires as if they are live and energized." That might be easier said than done as it would be a very difficult experience to wait for the authorities. But this advice could save a life.

The driver of the vehicle was mainly concerned that her insurance will increase based on this incident. She may be responsible for the damages she caused to the fire hydrant and the power lines, but her carrier would likely pay for this. Insurance carriers can increase your insurance premiums based on your driving record. If a medical condition caused the accident, she still might be responsible for what occurred to public property.

Georgia's Office of Insurance and Safety Fire Commissioner provides an Automobile Insurance Rate Comparison calculator for consumers looking for insurance. Rates vary depending on many circumstances, but this comparison can be helpful to those seeking to find insurance.

As a Georgia accident and insurance lawyer, I am aware that many drivers do not know what their policies cover or provide and when an accident occurs they need expert help. Sometimes the language is difficult to understand and is not written in plain English -- which would make the insurance contract more accessible to the average person.

Whether or not you believe you have insurance that will cover an injury or damage after an accident, it is vital to get the help of a professional who can guide you through the process. And, as I always advise clients, do not talk with the carrier without professional support. Insurance companies often try to intimidate their policyholders after and accident hoping they can reach a quick settlement that is likely not the most fair settlement for you.

As an experienced Georgia personal injury attorney, I can guide you through your insurance concerns. Often there is not one, but several policies that can pay your claim. Insurance is often "stackable" meaning that you could obtain the policy limits of several policies, thereby increasing the total recovery.

Insurance companies are very experienced at avoiding payment of claims. If you have been injured in an automobile or other motor vehicle accident and have any questions about your insurance coverage or your ability to recover your medical and other damages from another driver, please contact me at the Georgia Law Offices of P. Charles Scholle. As an Atlanta car crash and bus crash lawyer, I have the knowledge and experience to help victims get through the legal process.

Escaping Fatal Injury -- Driver Uninjured After Truck Gets Stuck on Kennesaw Railroad Crossing

Mon, 12 Dec 2011 10:43:23 -0500

Last week, an Atlanta Foods International truck was hit by a freight train in a crash that easily could have turned tragic, but didn't. As a Georgia catastrophic injury lawyer, providing legal representation to victims of Atlanta tractor-trailer accidents, I was relieved to learn that no injuries or fatalities occurred in the incident on the Cherokee Street train crossing in Kennesaw.

What happened? What we know is that the truck became stuck on the CSX Transportation train tracks close to Main Street. The tractor-trailer apparently was unable to cross the railroad grade when the trailer somehow got tangled in the tracks. Amazingly, the driver was able to exit the tractor to safety before the trailer was slammed by a freight train.

The truck driver was cited by the police for "failing to heed a crossing signal that warned of an approaching train." After the accident, it took several hours for the roads to be opened and the truck to be removed. Some repairs are needed on the crossing. This incident should remind us of the dangers of trying to outrun an approaching train.

The Official Code of Georgia Annotated (O.C.G.A. § 40-6-140) provides for a reasonable and prudent standard for crossing railroad grade. Specifically, when a person driving a vehicle approaches a railroad grade crossing, the driver is required to stop within 50 feet but not less than 15 feet away from the nearest rail. The driver must not continue until he or she can do so safely when a signal device is warning of a train's approach, a crossing gate or flagman is signaling an approach, or a an approaching train is plainly visible and is in "hazardous proximity" to the crossing.

Other provisions of this section state that drivers must not go around a barrier or crossing gate when closed. Further, in situations in which there is no electric or mechanical signal device warning of immediate approach or there are no barriers or gates, all drivers must slow "to a reasonable and prudent speed and verify that there is no approaching train prior to proceeding." (See O.C.G.A. § 40-6-140 (b) and (c)).

Georgia law also provides that: drivers are not permitted to drive a vehicle over a railroad grade crossing when a train is approaching, if there is insufficient space to drive completely through the crossing without stopping, or there is insufficient undercarriage clearance for the vehicle to negotiate the crossing. (See O.C.G.A. §§ 40-6-140 (d) -- (f)).

These rules seem obvious, but in many instances in which accidents around train tracks occur, these basic rules are not followed. Some vehicles do not leave sufficient room in front of them to avoid stopping on the tracks when other vehicles are ahead of them. In this case, the driver apparently had a mechanical problem, but also did not heed the warnings of an approaching train. In some instances, drivers simply do not anticipate that a train could approach at any time and allow their vehicles to be boxed in which can lead to major injury or a fatal accident.

If you or a family member have been seriously injured or worse in a Georgia semi truck accident, please contact the Law Offices of P. Charles Scholle, P.C. -- we have decades of experience helping tractor-trailer accident victims get back on their feet and on with their lives. To find out how we can help you, contact us today for a free, confidential consultation at one of our convenient offices in Decatur, Duluth, Buckhead or the Perimeter.

Tractor -Trailer Hits and Kills Man on I-85 in Gwinnett County

Wed, 30 Nov 2011 22:21:45 -0500

We all should know that pedestrians and interstates don't mix. In a tragic series of events that was reported by the Atlanta-Journal Constitution this week, we have learned that indeed this can lead to the worst possible tragedy. In my law practice as a Gwinnett County truck accident lawyer, I have represented many clients that have faced terrible events and circumstances. It is never easy to make sense of something that seems so senseless and avoidable.

This tragedy unfolded Thanksgiving week as parents in North Carolina became alarmed after their son, at student in Austin, Texas, went missing before the Thanksgiving holiday. The young man's father received a call from his son who was traveling home for Thanksgiving. When he called his dad to say he had run out of gasoline -- his father wisely suggested that he contact AAA. But he also asked his son to call him back, but never heard from him again.

What happened after this is something that the Gwinnett County authorities are trying to piece together. A witness reported to 911 he had seen a man running across I-985 and that he had nearly hit the man. Although after this 911 call the police looked for the pedestrian, they could not find him on either side of the road.

At some point while the victim walked on I-85, the 26-year old student was killed by a tractor-trailer in Gwinnett County. This occurred nearly 24 hours after the call to his father. The police have no idea what happened in the intervening hours. They do know that a tractor-trailer hit the man in the early morning hours as he walked inside a lane. The truck driver was not under the influence and is not being charged in this tragedy.

He was not carrying identification as he walked the road. It is not known whether he left his car with his id. Sadly, the only way he could be identified was by the tattoos on his body, which were published by the police in an effort to identify the deceased. A family friend saw these photos and sent them to the family. They immediately knew this was their missing son.

His car was eventually located on the side of the road along I-985. The young man had been studying at AOMA Graduate School of Integrated Medicine. The family is still left with questions about what happened to their son.

What is the lesson in this tragedy? It is difficult to know what this young man faced as he had no gas and was in an area he did not know. But perhaps his situation can help others to prepare for a long trip to avoid tragedy.

If you are driving a long distance, bring an extra cell phone battery. Make sure that you stop for gas well before you are in a crisis ... this might mean stopping when you gas tank is still a quarter full, but at least you might avoid trying to find gas in an unfamiliar place late at night. Make sure that you have a copy of your roadside assistance information with you and a copy of that in your vehicle. Never walk on an Interstate highway. Call 911 and tell them where you are if you are in a mechanical or fuel emergency.

If you have any questions about an accident or injury that was caused by a tractor-trailer or other commercial vehicle, please contact me at the Law Offices of P. Charles Scholle, PC for a free consultation. There is absolutely no fee for this evaluation. I handle motor vehicle and truck injury cases throughout the Atlanta region and in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more.

Tractor-Trailer Causes Crash and Deaths in Dekalb County

Sun, 20 Nov 2011 19:22:32 -0500

This past week a major crash occurred in DeKalb County, pointing again to the dangers on Atlanta area roads. The tragic accident which occurred on I-285 involved a hit and run tractor-trailer. As an Atlanta area truck injury lawyer, I believe that hit and run accidents are unfortunately becoming more and more common.

The facts of the crash are still being reviewed by authorities, but one thing is tragically known. Two men were killed in the wreck, one a resident of Stone Mountain and the other of Covington.

We have often heard of chain-reaction truck and auto crashes, but usually the vehicles are disabled to the point where most of them remain in the vicinity. But the crash this past week was different. Apparently, the crash occurred in the early morning hours last Tuesday and shut down traffic during the commute.

It is believed that the chain-reaction was likely started by a tractor-trailer that first hit a car which then collided with another car. The truck kept driving and the driver has not been located, but will likely be charged once he is located. Minimally, the charges would include hit and run, a violation of Georgia law.

After the initial collision, both drivers exited their vehicles at the scene. But were then hit by a vehicle that came upon the scene after the initial collisions occurred. And that vehicle killed both of them.

The driver of the last vehicle was taken to the hospital for treatment and will not be charged with any crime. But that is not the case with the tractor-trailer driver who drove away after hitting the first car.

The applicable Georgia law O.C.G.A. § 40-6-270 (a) provides that the driver of any vehicle that is involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident..."

In addition, subsection (b) provides that: "If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."

What this means is, the driver of the truck that began the chain reaction would be the "proximate cause" of the death of the two men and the driver could be charged with a felony for his or her failure to remain on the scene of the accident.

In this accident, we cannot know what would have happened had the truck stayed at the scene of the initial collision. Perhaps the fourth driver who tragically hit the two men that had collided after the truck left, would not have hit the men had the truck still been on the scene of the accident. Maybe the wreck would have been more visible from a greater distance with the truck still there. It might have saved the lives of these two men.

My law practice specializes in cases involving serious injury and accidents. Truck accidents can be particularly devastating and requires expertise and experience in building a legal case. Please contact my Gwinnett County and Atlanta area law offices if you have been injured in a truck accident in the Atlanta, Georgia area. I provide consultations at no charge for those who would like to know their legal rights in commercial vehicle accidents and injury matters.

Cobb County Charges Drunk Driving & Child Endangerment

Thu, 10 Nov 2011 19:52:55 -0500

I have been a financial supporter of Georgia Mothers Against Drunk Driving for many years, also serving as a member of the MADD executive committee. I have represented the victims of drunk drivers in my Gwinnett County catastrophic injury law practice. Every day in Georgia, drunk drivers cause injury and death. They should not be in a car. They should not be driving. And they should not have children with them.

Earlier this week, a woman who police said is a Cobb County resident, was arrested for driving under the influence of both alcohol and pain medication. She also had the drug Ecstasy in her car. In addition to the medications she had in the car, she also had two small children, ages 3 and 7, riding as passengers. The nature of her relationship with them was not reported.

According the Atlanta-Journal Constitution, the woman was driving her SUV, a Toyota 4Runner with her passengers on Cobb Parkway when Acworth police officers observed her weaving. She was not able to stay in her lane and crossed over it several times. She was pulled over due to this.

The police arrested and charged her with several criminal counts. These include DUI, two counts of DUI child endangerment, an open container (she had an open bottle of Mike's Hard Lemonade in the car), a failure to maintain her lane and possession of illegal drugs.

Apparently, on the stop with police, she admitted to having had a drink within the hour prior to the stop. She also told the police that she had taken prescription pain medication.

The National Highway Safety Administration has noted that many states have statutes that provide for an enhanced DUI when a person is driving drunk with children in the car. Cobb County officials have charged her with child endangerment, which is considered to be the appropriate charge to address the inherent dangers of impaired driving when there are children in the vehicle.

Earlier this year, Jan Withers, National President of MADD, wrote a post entitled "Drunk Driving Can Be a Form of Child Endangerment" in which she recounts many tragic examples of children who were the victims of a drunk driver. In each case, the children were innocent passengers in a car driven by a drunk driver.

Ms. Withers advocates for the universal understanding across the country that the child endangerment laws should come into play in cases in which children are passengers with a drunk driver. So do I.

Drunk drivers cause injury and death on Georgia's roads. If you have been injured in an accident caused by a drunk driver, please contact The Law Offices of P. Charles Scholle, for a free consultation. With offices in Duluth and throughout the Atlanta area, we are able to support victims in pursuing their legal rights and recover from their injuries.

Joshua's Law -- Helps Teens Drive Safely and Avoid Injury or Death

Fri, 04 Nov 2011 09:18:33 -0500

Earlier this week, I read with sorrow about another American teen driver who was literally in the middle of a writing a text when her car went off the road and hit a tree. Officials are not releasing the contents of the text, but they know one thing for sure -- she has lost her life due to distracted driving. Today, her school will have a moment of silence for her. Was it worth her life for one more text?

It is an unthinkable tragedy that this teen's family must now grieve her premature death. In my work as an Atlanta personal injury lawyer I spend a great deal of my time with families dealing with injury and sadly, death.

The statistics are stunning as teen drivers have a much greater likelihood of injury or death in driving. Traffic accidents lead as the cause of death for teenagers in our country and in Georgia. Teens are three times more likely to be involved in a fatal car crash than the rest of the driving population.

How can we ensure that teens are safer drivers? In Georgia, we are making a good effort to protect teen drivers and others on the road with the passage of Joshua's Law. Several years ago, the 2005 Georgia General Assembly passed Georgia Senate Bill 226. This legislation, known as Joshua's Law, requires teens to get educated in order to receive a Class D license to drive at the age of 16. If they do not take the educational requirements, teens must wait until they are 17 years of age to be licensed.

There are four ways to comply with Joshua's Law. These include: Method I requiring 30 hours of classroom instruction at a Department of Driver Services (DDS) and 6 hours of driving time with an approved school, along with 40 hours of driving with a parent; Method 2 requires the same amount of classroom time as Method 1, along with completion of the Parent Teen Driving Guide ; Method 3 provides for an on-line course with a DDS approved and 6 hours of driving at an approved DDS school, along with 40 hours of parent supervised driving; and Method 4 allows for an on-line course with a DDS approved school, along with completion of the Parent Teen driving guide.

Although a learner's permit is not required for the on-line or classroom course, teens need a learner's permit for one year and one day in order to receive a Class D license. A learner's permit is also required for teens to get behind the wheel for their supervised driving hours.

The Georgia Driver Education Commission (GDEC) was established with the passage of Joshua's Law. It monitors the programs involved with teen driving education and tracks the accomplishments of the program.

The GDEC says that national research indicates that several factors make teens more vulnerable to injury or death when driving. Some of these include failing to wear seat belts, speed, drinking, distracted driving, having teen passengers in the vehicle, driving at night and other factors. Although progress has been made, more work need to be done to protect teens and others on the road.

For more information on teen driving programs, click here to visit Georgia's Driver Education site, License to Drive.

Semi-Trailer and Minivan Crash Kills Seven

Sun, 30 Oct 2011 12:01:32 -0500

In the recent past, the Atlanta Injury Attorneys Blog has posted on several tragic accidents involving families traveling across our beautiful country. The Atlanta-Journal Constitution carried an Associated Press report this past week on another deadly crash involving a semi-trailer and a passenger van carrying a family. As a Georgia truck accident lawyer, I have represented many families through the medical and legal aspects of major collisions such as this one.

The accident itself included a series of events that are not uncommon, but together ended in seven deaths. According to the report, ten extended family members were traveling on an Indiana Interstate on their way to a funeral. Among the passengers were three children and a newborn infant.

The minivan was traveling on the Interstate and struck a deer. After this occurred, a semi-trailer struck the mini-van from the rear. Due to the collision with the deer, the van slowed down considerably and was possibly stopped in its lane.

It was reported that the truck was traveling at the speed limit and struck the van from behind, hitting it so hard that portions of the van were crumpled under the truck's tires. The driver was not under the influence and was released from the hospital after being treated for minor injuries. He has not been charged in the crash. But the nature of the accident could lead to a personal injury or wrongful death lawsuit by the family, depending on the facts involved and the familial relationships of those killed in the crash.

Apparently, three passengers survived the crash and were taken to the hospital. There were 10 total occupants in the minivan and not one of them was wearing a seatbelt. The infant was in a car seat that had not been fastened to the seat. As a result of the crash, the truck and the van ended up in the center median and due to the severity of the crash, traffic was stopped in both directions for many hours.

All drivers should observe the defensive driving rules that require that vehicles allow sufficient space in front of them so that they can stop or slow down in the event of a situation like this. More and more we see drivers failing to leave space. Perhaps if the driver of this truck allowed sufficient room to stop - he would have been able to avoid rear-ending the van.

It takes longer for trucks to stop under any conditions. They need more room and more time to come to a full stop when traveling at high speeds. Even if this driver was traveling at a safe distance, he was not able to stop in time to avoid hitting the van. He might have not seen it in time or expected it to be there. Georgia motor vehicle drivers must obey rules related to safe driving distances and related safety concerns.

If you are traveling on a highway and a truck is tailgating you, move over cautiously and let the truck pass if at all possible. Trucks are required to travel at safe distances which can also depend on weather conditions in which even more space is sometimes required. The law of physics accounts for stopping distance and can be summed up in terms of the mass of a truck and its velocity translating into the kinetic energy that happens when vehicles collide.

At a recent forum of the Federal Motor Carrier Safety Administration, experts spoke about the dangers of trucks and passenger vehicle collisions. Although "the fatal crash rate for large trucks has declined significantly during the past decade, even though the number of miles driven has increased by 36 percent. Despite these improvements, there are nearly 400,000 crashes involving large trucks in the US each year resulting in about 5,000 fatalities." The experts attribute about 70 percent of fatalities are due to other vehicles sharing the road with trucks and the need for more care around large trucks.

If you or a family member have been seriously injured or worse in a Georgia semi truck accident, there is a dedicated local legal professional ready to assist you. In a Gwinnett County tractor-trailer accident lawsuit, you may be entitled to recoup expenses for medical care, hospital stays, lost salary and work hours. At the Law Offices of P. Charles Scholle, P.C., we have decades of experience helping tractor-trailer accident victims get back on their feet and on with their lives. To find out how we can help you, contact us today for a free, confidential consultation at one of our convenient offices in Decatur, Duluth, Buckhead or the Perimeter.

Seat Belts Save Lives -- Make Sure to Buckle Up

Mon, 24 Oct 2011 13:49:53 -0500

By now, we all know that seat belts save lives and that "click it or ticket" are mainstays of federal and state government and law enforcement efforts to encourage families to buckle up. In my representation of many serious motor vehicle accident victims and their families, as a Gwinnett County catastrophic injury lawyer, in my view, anything that can reduce deaths and injuries is vitally important.

But for some reason, drivers and passengers are still yet to have learned to buckle up every time they get into a motor vehicle. It is never easy to reconcile human behavior with safety measures that are available to us, but that we do not use. So when it comes to seat belt use, the failure to use a seatbelt even when the dashboard in a modern vehicle is telling us to buckle up, is puzzling and sometimes tragic.

The National Highway Safety Administration touts its "Click It or Ticket (CIOT)" campaign as the most successful seat belt enforcement campaign in the history of our country and says it has helped to create the "highest national seat belt usage rate of 85 percent." The State of Georgia has had its own successful Click It or Ticket campaign and continues to encourage us to buckle up.

The risk of injury or death are greatly reduced when using a seat belt. These simple devices save lives and make otherwise might be deadly crashes, survivable. Although the Click It or Ticket campaigns have created a very compliant public, teens, pick up truck drivers and men between 18 and 34 years of age are less likely to use their seat belts.

The death of a Norcross High School student last month has left many of us saddened and stunned. In the tragic accident, a Gwinnett County resident and high school basketball player, who was enrolled in honors and Advanced Placement classes, and three of his family members were killed in a single vehicle car wreck in Florida last month.

The young man's dad who was driver of the Chevrolet Tahoe tragically crashed in a single vehicle accident on I-75 near Ocala, Florida, the SUV traveled across several southbound lanes, overturned a number of times and ended up on its roof. Reports say that during this crash, six of the eight people inside the SUV were ejected in the crash. Only one person was wearing a seat belt -- the driver who was the young man's father. Speed was apparently not a factor so it is not clear what caused the vehicle to leave its lane.

Could some or all of the people who died in this crash be alive now had they been wearing their seat belts? We will never know the answer to this question. But this accident is important for all of us to pause and pay attention -- make sure that you do not drive or ride in a vehicle without a seat belt.

The Norcross High School community has suffered an enormous loss and it is impossible to imagine the sorrow that this family is experiencing. In addition to those killed in the accident, others were injured. Our hearts go out to the family and the school community.

Please buckle up every time you get into your car or other motor vehicle. You could save your life or the life of someone you love.

If you have been injured in an automobile or other accident, please contact my law firm to arrange for a free consultation with me on matters ranging from truck accidents, motorcycle crashes, personal injury, wrongful death and estate administration. We have offices throughout the Atlanta area in Duluth, Buckhead, the Perimeter and Decatur. for your convenience.

Truck Accidents, Injuries and Driver Fatigue -- A Deadly Combination

Mon, 17 Oct 2011 10:11:57 -0500

As a Georgia truck accident lawyer, I know it is critically important for the public's safety that truck companies and drivers follow the rules that govern how long a driver is permitted to stay on the road, among many other important guidelines. Serious truck accidents, injuries and even deaths are often caused by driver fatigue.

What many might not know is that there are both federal and Georgia state guidelines on precisely how long a driver can be on the road. The Federal Motor Carrier Safety Administration is responsible for enforcing the regulations that provide clear guidelines as to the length of time that truck drivers, such as those driving 18 wheelers, are allowed to drive. These regulations are intended to make sure that drivers do not get into their trucks and out on to the nation's highways when they are fatigued and are intended for the public's safety.

The provisions for hours of service are found in Part 395 of the Federal Motor Carrier Safety Administration. This agency is part of the United States Department of Transportation.

Drivers of large tractor-trailers are limited to how long they may drive. The hours-of-service regulations apply to drivers of commercial motor vehicles. There are many specific ways to determine whether a vehicle is a commercial motor vehicle.

In general, under the federal laws, a commercial motor vehicle is a truck or a tractor-trailer that is engaged in what is called interstate commerce and has an actual weight or a weight rating of 10,001 or more pounds or carries hazardous waste in a quantity that requires a hazardous waste placard. Other commercial vehicles include those that carry a certain number of passengers.

Hours-of-service regulations focus on when and how long a truck driver is permitted to drive and the total number of hours that a driver can work before that driver is no longer permitted to drive. There are certain maximums that apply to this which are called the 14-hour duty limit, the 60/70-hour duty limit and the 11-hour driving limit. The 60/70-hour duty limit is based on a seven or eight day period and restricts the total number of hours a driver has driven or worked in these time frames. The 60/70-hour rule is quite detailed and is found in sections 395.3(b) and (c).

There are some exceptions, but in general tractor-trailer drivers are only allowed to be on duty for 14 consecutive hours and once they have reached this time limit they must not drive again for another 10 consecutive hours. The 14-hour limit includes lunch or nap breaks. In addition, a truck driver cannot drive more than 11 hours during that 14-hour time frame. Once this limit has been reached, the driver must take off for another 10 hours.

This is an important issue in driver fatigue truck crashes. In an injury case involving a large truck that would be governed by these regulations, it is important to find out how long the driver has been driving. As an experienced trucking crash lawyer, I learn this by securing driving logs and other information from the truck driver, the trucking company and its records.

Trucking accidents can cause very serious injuries or death. As a Gwinnett County, Georgia truck accident attorney with offices throughout the Atlanta metro region, I handle truck accidents and truck injury cases in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more. Please contact our law firm for a free confidential consultation at our main Gwinnett County law office, or at our offices in Decatur, the Perimeter and Buckhead.