Atlanta Injury Attorneys Blog

Decatur Bicyclist Struck and Killed by Pick-Up Truck

Mon, 07 May 2012 09:35:10 -0500

Last week, a tragic bicycle accident rocked Dekalb County when local resident, Paul Taylor, was struck by a pick-up truck as he rode his bicycle on North Decatur Road near Willivee Drive.This tragedy occurred only yards from my home. The victim later passed away at DeKalb Medical Center. In my work as a Dekalb County accident lawyer, I have learned that families dealing with tragedy need the support of their community. It is very clear in this situation, that the family is getting that important support. The obituary for this gentleman can be viewed here.

Our hearts go out to the family of the deceased resident, who by all accounts was an active member of his community as a dad, soccer coach and athlete. Having received his Bachelor of Arts degree from Augusta College in 1984 he went on to earn a Bachelor of Science degree from Georgia Health Sciences University (formerly Medical College of Georgia) in 1986. Following that in 1989, he received certification from the National Commission of Physician's Assistants and went on to a stellar career in neonatal care and women's health at Grady Health System and was a clinical instructor in the Physician Assistant Program with Emory University School of Medicine. In 1993, he was named Teacher of the Year by the Physician Assistant Program at Emory University.

In Mr. Taylor's memory, it is important that we are mindful that as the weather changes and bicyclists are out on the roads, we all need to share the road with care. In this situation, the Atlanta-Journal Constitution reports that the bicyclist was riding on the inside lane of the four-lane North Decatur Road in the early morning hours. The driver of a pickup truck struck the rider. The accident is under investigation and the authorities are as yet uncertain whether charges will be filed against the truck driver.

Georgians are avid bicycle riders. Georgia Bikes is a statewide organization with many resources available to bicycle riders in our state. In an effort to educate Georgians on safe riding, Georgia Bikes provides safe riding and advocacy for bringing bike lanes to your community.

It is most important that bicyclists are aware of the bicycle laws and traffic ordinances. The Official Code of Georgia Annotated sections 40-6-55 and 40-6-56 provide that motor-vehicle operators must yield "to a person operating a bicycle in a bicycle lane" and must remain at a safe distance from bicycles on the road. This is considered to be three feet and when overtaking and passing a bicycle proceeding in the same direction, must leave this safe distance and must also maintain this clearance in overtaking the bicycle.

For cyclists, it is important to remember to wear a helmet, make sure that you are visible to drivers by wearing bright clothing and using both front and rear lights when riding at night or dusk and dawn. Make sure to remain with the flow of traffic and drive defensively.

For more information on Georgia's pedestrian and bicycle programs, please visit the Georgia Department of Transportation website.

For guidance and information after any type of motor vehicle, motorcycle, bicycle or tractor-trailer accident, contact The Law Offices of P. Charles Scholle, PLLC. Please contact us to arrange for a free consultation and information about our law practice and how we support our clients during the process of litigating difficult injuries and accidents. We have offices throughout the Atlanta area in Duluth, Buckhead, the Perimeter and Decatur. for your convenience.

Pedestrian Death on I-285 DeKalb County

Mon, 16 Apr 2012 11:22:04 -0500

The Georgia Department of Transportation has confirmed the death of a pedestrian earlier this morning in Dekalb County. This occurred at about 4:30 a.m. and is currently under investigation. I have handled many pedestrian death and injury cases in my practice as an Atlanta catastrophic injury lawyer and in each case various factors converge to cause these tragic situations.

In this matter, we do not know the state of mind of the pedestrian. Perhaps he was in shock after the initial accident and did not realize what he was doing in entering the Interstate as a pedestrian or perhaps he was under the influence of drugs or alcohol.

We do know a few key facts. According to the early reports, after being involved in a crash on the westbound side of Interstate 285 in DeKalb County, the driver exited his vehicle and jumped over the median wall. Investigators believe that he hit another car and then came to a stop. After jumping the median wall, he entered the eastbound lanes of traffic on foot and was tragically hit by several vehicles. Authorities do not appear to intend to file any charges against the drivers that hit the man.

Pedestrian injuries and deaths are very prevalent across the country. The statistics are moving in the wrong direction.

According to a report last year in USA TODAY, in the first half of 2011 Americans saw a trend that increased pedestrian fatalities after several years in which traffic deaths were on the decline by about 8% overall.

There is some speculation that the increase in pedestrian deaths could be due to "talking and texting, or walking while intoxicated, and more exposure as people pursue active lifestyles that emphasize walk-able communities." A spokesperson for the Governors Highway Safety Association has noted that " '[j}ust as drivers need to focus on driving safety, pedestrians need to focus on walking safely.' "

An example of how pedestrians might be putting themselves at risk comes out of statistics in Oregon. There, pedestrian deaths climbed in early 2010 after they had declined to a six decade low. Sadly, alcohol and drugs were involved in over half the deaths in that state during that period of time. But at the same time, we can assume that distracted drivers also must have something to do with the uptick in pedestrian accidents.

Transportation for America has noted that many pedestrian deaths occur on roads that are high speed and that surround neighborhoods. These arterial roads can be very dangerous to pedestrians as speed is a significant factor in pedestrian accidents and deaths.

The Law Offices of P. Charles Scholle, P.C., has represented accident victims and their families for nearly two decades. We have built our reputation by representing our clients with care and compassion. Please contact us for a free consultation. We represent clients in the Atlanta metro area and throughout Georgia.

Truck and Motorcycle Accident Tangles I-75 For Hours

Sun, 15 Apr 2012 10:07:14 -0500

This past Saturday, nearly all lanes of Interstate 75 in Cobb County were closed after an accident involving several vehicles. The accident occurred on Allgood Road and the Atlanta-Journal Constitution reports that northbound traffic was stopped for hours. Multiple vehicle accidents are not uncommon, and as a Gwinnett County accident lawyer I have represented many clients over the years who have been involved in this type of accident.

The accident occurred in the afternoon and involved multiple vehicles. According to reports, what happened on the Interstate was a scenario that involved a landscaping truck traveling north. Unfortunately, the truck blew a tire which can end up causing an accident and in this case did. After the truck blew its tire. the vehicles behind that truck had only seconds to deal with the emergency and they swerved to avoid hitting the truck. The first vehicle was a pick-up truck and the second was a motorcycle.

In swerving, the motorcyclist lost control of his motorcycle and ended up wiping out and injured. Amazingly, another truck hit the motorcycle, but the rider had already been separated from his bike at the time. The rider, a Jasper resident, was taken to a nearby hospital for treatment for what were described as very serious injuries. Reportedly, he needed surgery for his injuries. We sincerely hope that he recovers quickly from his injuries.

When vehicles lose a tire, they can often cause a serious accident. It is difficult to avoid events like this, but the reason why Georgia's Department of Driver Services Driver's Manual suggests that driving too closely when following another vehicle is a dangerous practice. Motorists need to maintain enough distance between vehicles to ensure that they can stop safely in the case of emergency such as a tire blow out. They recommend that one way to determine this is to "measure the amount of time between when the vehicle in front of you passes a reference point and when your vehicle passes the same reference point." You should be able to count "one-thousand-one, one-thousand-two" before getting to the same point as the vehicle in front of you. This is really a minimal distance for safety. When the weather is not good, more distance is important for stopping distance.

The Law Offices of Charles Scholle specializes in serious injury and accident cases. Motor vehicle accidents can be devastating, especially those involving trucks and motorcycle crashes. My law practice specializes in these cases. These accidents require expertise and experience to build a legal case. Please contact my Gwinnett County and Atlanta area law offices if you have been injured in an accident in the Atlanta, Georgia area. I will consult with you at no charge to evaluate your vehicle accident rights and remedies.

Fulton County Court Orders Probation for Truck Driver

Tue, 10 Apr 2012 11:24:21 -0500

A Fulton County State Court judge has issued an order that effectively closes the case involving the death of a Georgia Department of Transportation HERO driver that occurred last year. As a Gwinnett County truck injury and wrongful death lawyer, I have been following this tragic case and wanted to share with readers the outcome for the offending driver.

The judge in the tragic deadly accident ordered the truck driver to a year of probation, loss of commercial driver's license for a year and other penalties. The closure of the matter is the result of a plea bargain reached earlier this week.

The accused truck driver caused the "HERO" operator's death while he worked on Interstate-85. The driver had been charged with second-degree vehicular homicide in the death of the HERO operator who was hit while assisting an Atlanta driver. He was the first such operator to lose his life in the line of duty.

The charged truck driver was towing a trailer behind his pick up truck. The family of the deceased HERO operator was hoping for the offending driver to spend time in jail. The offense carries a one-year maximum prison sentence. But that was not to be.

The Official Code of Georgia Annotated section § 40-6-393 (c) provides that "Any person who causes the death of another person, without an intention to do so ... commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3." This would have allowed a prison sentence for the truck driver in this case.

Even in Gwinnett County, we have seen injury to HERO workers while they do their work. The GDOT has asked drivers to slow down and help keep these workers safe while they help us and our community.

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.

Fatal Car Accident in Buckhead

Sat, 31 Mar 2012 19:15:39 -0500

Loss of control of his vehicle was said by Atlanta police to be the cause of one driver's death over the weekend. He was a resident of Duluth. The car crash occurred in Buckhead near the Lenox Square mall. In my work as an Atlanta catastrophic injury lawyer, I have handled many cases in which victims have sustained severe head trauma.

According to reports of the Buckhead crash, weather may have been a factor. Although it is not known whether drugs or alcohol were involved in this accident, we do know that the deceased driver lost control of his vehicle and crossed into the path of oncoming traffic. His vehicle struck another and the driver of that car was taken to Grady Memorial Hospital with what were reportedly serious injuries.

Sadly, the deceased driver sustained severe head trauma. He passed away at the scene.

We know that this is a very difficult time for all the loved ones of these two drivers. Our hearts go out to them.

We have shared information with our readers in the past about serious head trauma. This type of injury can be tragic as it was in this case. Although there are many new medical procedures that have allowed injured victims to survive severe head trauma, the fact is that our brains are very fragile and can be damaged severely in the physical forces of an auto crash. When larger vehicles are involved such as trucks, there is the risk for even greater injury with less force due to the weight of vehicles in a truck crash.

A traumatic brain injury (TBI) is a catastrophic injury that interferes with normal brain function. This type of injury can be caused by the force of an accident. These injuries are particularly devastating as they can impact everything from the way we think, to personality changes, to physical and psychological changes. .

As most readers are aware, the most common TBI's are concussions. These can be caused in sports activities and in accidents. Many people do not realize that even a rear-end collision can result in a concussion. And even mild traumatic brain injury can cause serious life-changing symptoms such as memory loss and cognition problems.

If you or a loved one has suffered a serious brain injury in a Georgia accident, you need the support of experts with experience dealing with this sort of injury. As a Gwinnett County, Georgia car accident attorney with offices throughout the Atlanta metro region, I handle motorvehicle accident 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.

Deceased Young Man's Parents Sue Under Georgia Dram Shop Law

Thu, 22 Mar 2012 11:16:11 -0500

The parents of a deceased young adult have filed suit in Fulton County for the death of their son. The Atlanta fatal accident occurred in 2010 and was caused by a drunk driver. As a Georgia wrongful death lawyer, I have long been a supporter of Georgia Mothers Against Drunk Driving and want readers to understand the Georgia law under which this lawsuit has been filed. The cause of this tragic accident is unfortunately too common -- drinking and driving.

As reported by the Atlanta Journal-Constitution, this promising University of Georgia graduate was an intern for then-Governor and had recently been awarded a fellowship to continue his work. He had been celebrating with other interns the night of the accident and was the designated driver for the group. He had just dropped his friends off and was headed to his apartment, when this tragedy occurred.

The drunk driver that hit the young man's car had just finished her work as a waitress. She is said to have been having "shots" after work. Her alcohol level was .229, which is close to three times the legal limit. Allegedly, the establishment that served her the alcohol, continued to do so even after she was obviously drunk. The driver is serving a five-year prison sentence, having pled guilty to driving under the influence and wrongful death.

Due to the circumstances involved, the lawsuit names the establishment that served her. The suit alleges that the establishment knew or should have known she would be driving.

Georgia's Dram Shop Law is intended to keep those providing alcohol to continue to do so, when someone is noticeably intoxicated. The Official Code of Georgia Annotated section 51-1-40 (b) provides that: (b) ... a person who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage.

The tragedy in this case is that the young man apparently used good sense and was a designated driver for his friends. He was hit by the drunk driver while he was on his way home. He is said to have suffered between the time he was struck and the time he was extricated from his vehicle. His parents are asking the court to provide them with damages for their son's wrongful death and his pain and suffering. The damages for this will in part be calculated on his life expectancy had the accident not occurred.

As a supporter of Georgia's Mothers Against Drunk Drivers, I hope for the elimination of this deadly activity. As an Atlanta, Georgia dram shop attorney, I know that when victims are injured or are killed due to a drunk driver, it is important that they recover from their injuries. I hope to help families heal from these tragedies.

If you or a loved one has suffered due to the actions of a drunk driver, you may be entitled to recover from the driver and or others who provided the driver with alcohol. Please contact the Law Offices of P. Charles Scholle, PLLC for a free consultation on any injury or accident matter. We have offices in Duluth, Buckhead and other locations in the Atlanta metro area.

Georgia Kids' School Bus Safety

Sun, 18 Mar 2012 09:54:11 -0500

As an Atlanta injury lawyer, I regularly hear from Georgia residents injured in accidents of all kinds. When a child has been injured, parents naturally have a heightened level of emotion and worry. Part of my job representing families of injured children, is to help lift whatever worries I can by handling the legal and medical aspects of what can be tragic situations.

In recent weeks, there have been many accidents around the country involving school buses and injuries to children. Relatively speaking, Georgia's school buses are the safest way to get kids to school. In fact, Georgia students ride safely to and from school every day.

What can make our kids even safer? The National Highway Traffic Safety Administration has provided some great tips for kids and parents, but first a few words about the school bus accidents in the last few weeks.

Last week in rural Pennsylvania, a tractor-trailer and a school bus collided, resulting in the truck driver's death and injuries to 21 school bus passengers that included both students and adults. The injured were mostly students, but some adults were also injured. Early reports were that some injuries were critical. The cause of the accident was reported to be the truck's crossing over into oncoming lanes on a two lane rural highway. In aerial photos, the bus was intact and ended up perpendicular to the truck.

Another rural accident occurred Missouri. Eleven students were hospitalized when the bus they traveling in actually slid off the rural road into a ditch. It was thought the accident occurred after the driver becoming distracted by a student.

Tragically in Indianapolis, Indiana, a school bus driver was killed when the vehicle hit a railroad bridge. Injured passengers included a 5-year-old girl and two other students. Another school bus traveling with students in Washington overturned on a highway. Several serious injuries resulted. In that case, the bus also left the road, but rolled over after the driver tried to overcorrect the bus' position on the road.

These accidents involved various circumstances that the passengers and even the drivers might not have been able to control. But where we do have control, we need to take it and make our kids safer.

All the school bus safety tips from NHTSA can be found by clicking here. In summary, kids need to know about the danger zone around school buses. That is the 10 feet all around the bus. Kids need to wait until the bus driver says it is safe to get on the bus, get on one at a time and when leaving the bus they should walk 10 giant steps away from the bus. They need to pay attention to what the driver says and sit in their seats facing forward after they get on the bus. If they drop something outside the bus they must make sure they tell the driver before trying to pick it up themselves.

Parents can help kids by walking with them to the school bus stop and staying there until they get on and off. They can also tell their kids to use the bus handrails while getting on and off the bus. Of course, all drivers must pay close attention to the speed limits in school zones and around school bus stops. Being alert to kids who might be playing or distracted when getting on and off buses.

If your child has been injured in a Georgia school bus or other accident, the Law Offices of P. Charles Scholle can help. As an Atlanta area injury law experts with decades of experience working with accident victims, we can help. Please contact us today for a confidential free consultation, either at our main Gwinnett County law office in Duluth, or at one of our convenient offices in Decatur, Buckhead or the Perimeter.

Tractor-Trailer Splits Apart After Car Collision

Wed, 07 Mar 2012 09:07:12 -0500

Last week, Interstate-75 was shut down for several hours in near-by Tennessee after a collision between a tractor-trailer and a Toyota Camry. As readers know, I have represented many clients injured in Georgia tractor-trailer accidents and other crashes involving large vehicles in my Atlanta truck accident law practice.

In the recent tractor-trailer crash, the car and the truck collided when the Toyota driver lost control of his vehicle and it began to spin. Once that happened the truck, traveling in the same direction as the car, ended up being struck head on. Ultimately, the truck hit the Ringgold Road Bridge and this impact resulted in the truck breaking apart.

The Toyota driver was taken to the hospital. The extent of the driver's injuries were not made public. The truck driver's injuries were not severe.

This truck accident is another example of how dangerous it can be when autos and large trucks collide. In addition to the truck breaking apart, the truck's load of produce ended up all over the road. The road was closed to clear the accident debris and the produce.

What would you do if you were driving near these vehicles? There are times that it is very difficult to evade such an occurrence defensively. This is one reason why it is so very crucial to maintain a safe distance between your vehicle and other vehicles on the road.

Federal regulations require that trucks must carry their loads safely. But in a situation like this, the truck may not have been able to avoid the accident and the load also became a hazard to all drivers. It is also possible that the truck was traveling too closely to the car to evade the collision.

In this truck crash, it might be that the car caused the accident, not the truck. Often the facts in any given situation are not clear and evidence must be gathered in a legal process called discovery.

The discovery process can include many possible approaches, but in general it includes learning about what happened from witnesses, authorities and perhaps even engaging an accident reconstruction expert. These experts can assess speed and various important factors such as angle of impact, collision dynamics and essentially the physics of the accident.

This is why in my work as a Metro Atlanta catastrophic injury lawyer one of my first tasks is to untangle the facts in any given case after meeting with my clients. The first priority is my clients' physical well being and medical treatment. I want to make sure that my clients' are getting the medical attention they need and often they are overwhelmed. The next step is to preserve evidence and learn about what happened in the accident.

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. My law firm handles 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.

NHTSA to Vehicle Makers: "Less Distraction Please"

Wed, 29 Feb 2012 12:04:00 -0500

We have posted in the past on the dangers of distracted driving in all vehicles and with all drivers -- from negligent truck drivers to teens to the elderly. Incidents of distracted driving have come to the attention of Georgians in the past few years and our legislature has banned texting while driving. I have learned a great deal about this problem in my Atlanta accident and injury law practice, as clients contact me after having been in an accident, some involving distracted driving.

Before going into what the feds are proposing, a reminder to all that Georgia bans texting while driving, but allows the use of cell phones whether hand-held or not. 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."

Recently, the U.S. Transportation Secretary announced something very unusual. The "first-ever federally proposed guidelines to encourage automobile manufacturers to limit the distraction risk for in-vehicle electronic devices." The idea is to ask vehicle manufacturers to pay attention to the devices they are installing in cars that might distract drivers.

When manufacturers install such gadgets as entertainment systems, communications devices and navigation tools, the federal agency wants them to be thinking about electronic device that require visual or manual operation by drivers. The guidelines are targeted to light vehicles, including cars, SUVs, pickup trucks, minivans, and other vehicles that are less than 10,000 pounds gross vehicle weight.

The guidelines are just the first in what will be a series of documents the agency will publish to deal with the sources of distraction -- those devices that take our eyes away from the primary task of driving. The Phase I proposed guidelines for manufacturers to ensure that they take into account the potential for distraction with the systems and devices they develop for their new cars. The guidelines seek to limit the time it takes for a driver to take his or her eyes away from the road in order to manage systems or devices.

The NHTSA Administrator David Strickland notes that "[t]he guidelines we're proposing would offer real-world guidance to automakers to help them develop electronic devices that provide features consumers want--without disrupting a driver's attention or sacrificing safety."

The new guideline recommendations focus on some important factors for car-makers. For example, the recommendations seek to reduce the complexity that the device requires. They also want manufacturers to make sure devices and systems allow for one hand on the wheel, limit to only two seconds the length of time a device would take to operate so that the driver's eyes can stay on the road, and limit such things as visual information in the driver's vision field and keep down the number of manual inputs required to operate any device. Under these guidelines, some devices would be disabled while driving such as visual-manual text messaging, browsing and some navigation tasks.

The NHTSA will be holding public hearings on the recommendations. There are some further guidelines under consideration for aftermarket devices or those that the driver brings into the car. And a third phase would deal with voice activated devices.

The Law Offices of P. Charles Scholle represents clients in Metro Atlanta and throughout Georgia in cases involving motor vehicle accidents. Our Gwinnett County law practice helps Georgians negotiate with insurers for a fair settlement -- and, if necessary, enforce their rights in court. If you or a loved one has been seriously hurt in a motor vehicle accident, the Law Offices of P. Charles Scholle can help. To set up a free, confidential evaluation of your case, please contact us or call us toll-free at 1-866-972-5287.

Remembering a Courageous Riverdale Resident

Fri, 24 Feb 2012 11:55:35 -0500

The Atlanta-Journal Constitution reported last month on the tragic ending to an amazing life. I want to honor the life of Daryl Parker, a Riverdale resident, who was a devoted fan of his favorite football team and a person who met the many challenges life presented him. These are challenges I have helped my clients through in my practice as a catastrophic injury attorney.

The story of this man's life should be memorialized by all of us and should be a reminder to appreciate what we have in life. Mr. Parker was partially paralyzed many years ago after a crash that occurred while he was traveling to a Crimson Tide football game. That was a tragedy he met with courage. He never let that slow him down. It never stopped him from attending his favorite team's games.

Recently, Parker and many family members and friends were driving to New Orleans. They were on their way to the college football national championship game between LSU and Alabama when the unthinkable occurred.

They were traveling in a recreational vehicle motor home on a Mississippi highway -- the motor home blew a tire and hit a tree. The driver, who also passed away from the accident, lost control of the vehicle which is very likely when a vehicle that heavy and large loses a tire. The AJC reported that authorities did not find any negligence by the RV owner (a former AFL player) or alcohol consumption.

The group was very close and shared a love for Alabama football. The RV owner loaned the vehicle to the group because he himself was not able to go. The driver had been a professional bus driver and the RV owner was not concerned about his ability to drive the vehicle. Unfortunately, a tire blow out is something that the best driver might not be able to overcome.

Our hearts go out to the family and friends of these wonderful Georgia community members.

In Georgia, recreational vehicle drivers are exempt from obtaining a commercial driver's license. Pursuant to the Georgia's Department of Driver's Services, Non-Commercial Class A and Class B Driver's License Handbook: "[O]perators of recreational vehicles are not required to obtain a commercial driver's license or a Class A or B non- commercial license if the vehicle is a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational camping or travel purposes and is used solely as a family personal conveyance."

For guidance and information after any type of motor vehicle, motorcycle, bicycle or tractor-trailer accident, contact The Law Offices of P. Charles Scholle, PLLC. Please contact us to arrange for a free consultation 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.

It's Good That Georgia Doesn't Make This List

Wed, 15 Feb 2012 11:24:18 -0500

Recently, I was driving in Atlanta and noticed a young driver with a cell phone in hand apparently texting. This driver barely looked up at a crosswalk ... what if there had been a pedestrian in that crosswalk? As a Gwinnett County injury attorney, I have represented many victims of accidents that could have been avoided, but were the result of careless or negligent behavior or actions.

In the past decade nearly 50,000 people were killed as pedestrians in our country. In the same time period, 688,000 pedestrians were injured in America while walking on our roads. That amounts to one person being hit by a car or truck every 7 minutes.

Unfortunately, the battle for our safety as pedestrians in getting more complicated. The organization Transportation for America reports that the focus for transportation agencies is speeding, not pedestrian safety. And as we are more distracted while we drive, doing things like talking on the phone and texting which is prohibited by law in many states, pedestrians are more vulnerable to being catastrophically injured by a vehicle.

Georgia bans texting while driving, but allows the use of cell phones. 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." Reading a text is prohibited, which is a clear statement that our lawmakers want us to keep our eyes on the road.

At least there is a little good news for Georgia with regard to pedestrian safety. Our state did not make the top ten most dangerous states in the country for pedestrian deaths. Cities in Florida, Texas and Arizona were in the top ten.

In the recent past, the Atlanta area has seen tragic cases involving the most vulnerable pedestrians, the elderly and children. Last summer, a Cobb County mother was tried for the pedestrian death of one of her children.

Transportation for America says that these segments, as well as "racial and ethnic minorities are disproportionately represented" as vulnerable while walking on our streets. As noted by the organization, "the majority of these deaths ... occurred along "arterial" roadways that were dangerous by design, streets engineered for speeding traffic with little or no provision for people on foot, in wheelchairs or on bicycles."

As Georgians get out and move when the weather improves, both drivers and pedestrians must use caution to avoid one another. We hope that communities encourage getting out in the fresh air and moving for our health. We also appreciate efforts to make roads safer for all who use them.

If you have any questions about an accident or injury you have suffered, the Law Offices of P. Charles Scholle is here to help. Please contact my law firm to arrange for a free consultation with me on matters ranging from truck accidents, motorcycle crashes, pedestrian accidents, wrongful death and estate administration. We have offices throughout the Atlanta area in Duluth, Buckhead, the Perimeter and Decatur. for your convenience.

Cobb County Mourns Its Own After Tragic Florida Crash

Wed, 08 Feb 2012 13:16:13 -0500

As most in the Atlanta area are aware, our community lost five members of a Cobb County church in the recent tragic accident in Florida. It is with sorrow and sympathy for the loss of these lives that I share my thoughts on this horrific accident. As a Georgia truck accident lawyer I hope that from this tragedy, investigators might learn how such a terrible accident can be avoided in the future.

The crash that has hit so close to home and made national headlines, occurred on a Florida interstate. As reported in the Atlanta-Journal Constitution, eleven people lost their lives in the crash and 18 were injured. Those killed in the tragedy included a local pastor and his wife, and related family members and friends.

One teenage family member in the ill-fated van was hospitalized in Florida. Her family did not survive the horrific accident and her Atlanta area aunt and uncle will be caring for her now. The church members were traveling from Florida in two vans after having attended a conference of Brazilian churches.

The Florida tragedy is under review. The National Transportation Safety Board sent investigators to determine whether it will be a part of the Florida Highway Patrol's formal investigation.

Authorities had closed the road for a while due to visibility issues related to a large brushfire. The road was reopened not long before the crash, which apparently was the result of poor visibility due to smoke from the fire combined with dense fog.

The Florida interstate accident involved many passenger vehicles as well as large trucks. In a situation in which there is essentially no visibility, the federal regulations require that trucks pull over and stop traveling until the situation clears. Even if you pull over in a situation like this it may not avoid being hit in a case like this due to the number of cars involved that may spill over to the shoulder of the road.

Title 49 of the Code of Federal Regulations section 392.14 provides that under hazardous conditions, extreme caution must be taken by commercial motor vehicles. Specifically, this regulation requires that "extreme caution in the operation of a commercial motor vehicle shall be exercised 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. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated."

Part of the investigation in this tragedy will undoubtedly involve whether drivers did what they should have done in these circumstances. If you or a loved one have been involved in an accident involving a tractor-trailor, it is important to have the support of an experienced truck accident lawyer to traverse the regulatory and legal issues that can be involved. Please contact my law offices for a free consultation on any matter involving motor vehicle accidents or personal injury.

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.

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.