Atlanta Injury Attorneys Blog

Teen Killed in Law Enforcement Chase

Thu, 16 May 2013 09:58:59 -0500

We have posted in the past on difficult circumstances that can arise in a police or other law enforcement chase. Sometimes other vehicles or pedestrians end up injured or worse when law enforcement is in hot pursuit of a suspected offender.

We know that Georgia law requires that we as drivers not only move over for police or other emergency vehicles, but also to stop when we are pulled over as soon as feasible. As an Atlanta highway accident lawyer, I know that our roads and highways are congested and difficult to maneuver even in the best of circumstances. Any loss of life that can be avoided, should be.

Last week, the AJC reported that a Henry County teenager lost her life after the driver of the vehicle she was riding in tried to elude the Georgia State Patrol. This young woman was only 19 years old. She was a passenger in a late model Toyota Corolla driven by a 21-year old. He was driving on I-85 and failed to stop when an attempt was made by a sheriff's deputy to pull him over. A Georgia State Patrol trooper continued the pursuit and at one point the driver lost control of the car.

The young man's car actually struck the GSP vehicle and then rolled ultimately hitting a tree. The trooper was not harmed in the crash, but the driver had to be taken to a hospital in South Carolina for injuries described as critical.

Georgia law prohibits drivers from fleeing or attempting to elude police officers. Under Official Code of Georgia Annotated section 40-6-395, it is "unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle." A violation of this provision can result in fines and potentially a prison sentence.

Since the attempt to flee involved the death of another person, the driver will most likely be charged with crimes that are quite serious, perhaps even more than whatever he might have been pulled over for in the first instance. It is quite possible that he will be charged with homicide by vehicle which is found in the Official Code of Georgia Annotated section 40-6-393 and provides in part that a driver who causes a fatal injury can be charged with a homicide by vehicle.

Train Game Ends Tragically in Rome, Georgia

Mon, 13 May 2013 11:49:22 -0500

A tragedy that seems like something out of a very sad movie, occurred this past weekend in Rome, Georgia. Teens playing a game of "chicken" with a train, ended in the death of one of them. As an Atlanta traumatic brain injury lawyer, I have studied the way the teen brain responds to risk. It is one of the worst tragedies possible to lose a child and to lose a child to a game that is bound to end in disaster must be extremely painful for the teen's family.

The teens in the Rome train tragedy were a group of five to six kids ... they dared one another to be the last to get up as a train approached and they were literally lying on the tracks. The teen that died at the scene waited too long to get up.

Brain research has shown that the teen age brain is not yet fully developed and that teens are willing to take greater risks than we do once we get older. This has to do with the way the adolescent brain is "wired." The teen brain is essentially wired to be "extra sensitive to reward signals when pay-off for a risk is higher than expected."

This is related to brain chemistry. So when teens are playing a game of chicken on a train track, when nothing happens that is harmful, their brains might respond more intensely to the fact that something turned out better than expected. This could well explain why teens take risks that are so dangerous.

In a recent study, cognitive neuroscientists focused on what is termed "prediction error." This measures the difference between what is expected to happen and what actually happens. Scientists measured brain reaction in different age groups from about 8 years old to 30 years old and using a mathematical model were able to MRI the brains of participants to see how risk and reward were functioning.

The study, published in Nature Neuroscience, showed that a certain part of the brain reacted differently in test subjects between the ages of 14 through 19. The hope is that these new insights might help parents in working with their kids to avoid dangerous risk-taking activities like drugs and alcohol. Channeling this age-group into more productive activities, such as sports, is a good way to guide teens to safer behaviors. It is also important that we inform and educate our teens about the way they might feel in a given situation and the fact that they might not assess the risks as well as they will later in life.

Four Fulton County Siblings Injured with Brother at the Wheel

Sat, 04 May 2013 10:51:34 -0500

Earlier this week, we learned of a tragic situation in Kentucky. A five-year old boy accidentally shot and killed his two-year old sister with his own rifle. The gun had been a birthday gift and although it had a safety lock, somehow the boy was able to shoot his sister in the chest. As a Fulton County accident lawyer, I know that fatal injuries and accidents can be extremely difficult for families to overcome.

The Kentucky family has expressed their grief publicly. They are struggling with the loss of their toddler's life and are left wondering how they possibly could have left this rifle in the boy's reach while it was still loaded. This tragedy reminds us that we cannot take safety too seriously or be too mindful about what our kids are doing. There are so many distractions these days and parents are busier than ever. We must remain vigilant in protecting our kids.

But what happens when we let our driving-age kids drive their siblings and an accident occurs? This too can lead to difficult circumstances as one south Fulton County family deals with just such a situation.

Three sisters were apparently being taken to school recently by their 20-year old brother when for some reason he ran the car he was driving off the road, hit a mailbox and then struck a tree. The sisters (ages 5, 7 and 13) were taken to Children's Heathcare of Atlanta at Egleston and underwent surgeries, but according to reports, they do not have life-threatening injuries. The driver was taken to Grady Memorial Hospital, but apparently is not seriously injured either.

This crash occurred in good weather in the morning hours when visibility is not an issue. The older brother has been cited for failure to maintain his lane of traffic and two counts of child restraint violations. The child restraint counts would indicate that the children were not properly restrained in the car.

The Official Code of Georgia Annotated section 40-8-76 mandates the use of safety belts and children's safety restraints. Passenger cars are required to have safety belts and drivers are required to restrain kids under the age of eight when driving them in any passenger vehicle such as a car, pick up truck, van or other vehicle as stated in this provision: "[w]hile such motor vehicle is in motion and operated on a public road, street, or highway of this state, [the driver must] provide for the proper restraint of such child in a child passenger restraining system appropriate for such child's height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983, or at the time of manufacture." In general, kids must sit in the rear seat of the vehicle.

Before you send your kids out with an older sibling, make sure that sibling knows how to place younger children in a restraint, such as a safety belt or car seat. Also make sure that your driving age teens or young adults do NOT use cell phones or text while driving. We are all aware that this sort of distracted driving can lead to an accident and that teens and young adults are most vulnerable to using these devices while driving.

Mom Tragically Killed By Truck Tire on I-85

Sun, 28 Apr 2013 11:06:46 -0500

The Atlanta Journal-Constitution said it eloquently: "[t]here was nothing anyone could do, especially not in morning rush hour traffic." That is the way a tragic accident was described after a truck tire flew across I-85 into oncoming traffic, killing a woman.

A witness reported that the tire flew 50 feet in the air. Sadly, it landed directly on the roof and windshield of a van driven by a local mom who was driving her teen-age daughter to school. Although the teen was not physically harmed, she was helped by a witness who saw her screaming out of the roof of her mom's van. Her mother likely died instantly and the young teen was likely in shock.

There are no words for the pain she and her father and family must be feeling. My heart goes out to them. I understand the pain a fatal accident can cause as I have supported and counseled many families in my law practice as a DeKalb County auto accident lawyer.

The DeKalb County police are reported to have identified the owner of the 1998 Dodge Ram 3500 which lost its tire as the driver traveled northbound on I-85. A front tire not only came off the truck, but traveled over the concrete median.

Thus far, what caused the tire to come off the truck's wheel is not known. It is also not known whether the owner, who was also driving the truck at the time of the accident, will face any charges for the death of the other driver. According to reports, the driver advised that he moved his truck quickly away as he was avoiding a vehicle that had entered his lane. It is likely that investigators will want to know whether any work had been done recently on the wheel or the tire and whether it was properly mounted. They might also try to determine whether the truck had any defect or damage that would have caused the tire to fly off in a defensive move made by the truck's driver as he reported.

One witness described his fear and horror as he watched the accident unfold. He said he happened to be traveling behind the van that was hit directly by the flying tire. He also noted that the van driver probably saved lives since her foot was on the brake and she hit the median. Had she gone into traffic, even greater harm might have occurred to other vehicles.

The witness was truly a Good Samaritan and ran to help the screaming teen as he was concerned for her safety. He even checked the teen's mom to determine whether she was still alive. The young teen was taken to Children's Healthcare of Atlanta, but thankfully she was not injured seriously. The AJC also reports that the teen's father contacted the witness to thank him for caring for his daughter in such a terrifying circumstance. He has lost his wife so suddenly that he was likely still in shock.

Last summer, we learned about another tragic accident in which a young boy passed away after being hit by flying concrete, loosened from a median wall by a tractor-trailer. Road debris or flying debris can absolutely cause seriously harm or death on our roads. When you see something in the road that doesn't belong there, contact authorities so that it can be removed.

When Family Pets Become Dangerous

Fri, 26 Apr 2013 09:56:24 -0500

Many Atlanta residents were stunned and saddened learning of the death of a two-year old boy who was recently malled by the family's dog. This is not the first time that a household pet of many years, in this case eight years, has attacked and killed a toddler. Our hearts go out to the family of this little boy -- as a Fulton County dog bite lawyer, I have represented victims of dog bites and their families and how painful this situation is for all.

The story is heartbreaking and we wonder whether there were any signs or signals along the way that might have led the family to understand the dog's capability of causing such harm. It is important for dog owners to know how to read these signs.

A neighbor heard the odd sounds of the animal from next door and went to investigate. The scene she found was terrible. The family's two-year old was lying lifeless having been attacked by the family dog. The dog is reportedly a mixed breed American Staffordshire terrier. This dog is similar to a pit bull.

The toddler's mom had just gone to the bathroom briefly and contacted 911 immediately on seeing her son. She was understandably, hysterical. There had been no previous issues with the dog as far as authorities are concerned. But vets warn that families need to pay close attention to signs that their family pet could turn on a child or other person unexpectedly.

This tragic loss of life is something that we all need to consider not only in terms of our own children and their safety, but also because if a dog harms another person we can be held responsible. Georgia's "dog bite law" is codified at the Official Code of Georgia Annotated section 51-2-7 which provides in part that: "[a] person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured." Those injured by a dog in Georgia may recover monetary damages for their injuries.

Georgia's dangerous dog law provides that owners are responsible for dangerous dogs defined as "dogs that punture a person's skin with a bite but do not cause serious injury, or those dogs that kill another owner's pet." These dog's owners must not only apply to register the dog annually, but must secure the dog in an enclosure and post warning signs on their property. If a dog causes harm, the owner must also microchip the dog and maintain "at least $50,000 of liability insurance to cover costs in the event that the dog attacks or damages another's property a second time." If that happens, the dog will be
euthanized, and its owners possibly fined and serve jail time.

Sadly, another toddler was killed by pit bulls near Savannah earlier this month. The toddler had found her way through the dog door in the family's home and went out the the backyard, only to be mauled by the family's dogs, reportedly seven of them. And recently a youngster was seriously harmed when a pit bull bit her in the face.

Pit bulls are often family pets for years with no incidents of this kind. And several studies have shown that pit bulls are not more aggressive than other breeds, but other studies have shown a greater likelihood for bites from the breed. The experts ask that we avoid stereotyping breeds. Every dog is different. We do know that male dogs that haven't been neutered are more likely to cause this type of attack. And children are often the targets of dog attacks and should not be left alone with them.

Fulton County police and others will be making a determination as to the dog's fate. The dog is currently in the county's custody. Family members were said to be hysterical and very distraught over the death of the little boy. The mom was taken to medical care for treatment due to her shock and emotional distress.

Georgia Governor Signs Young Athlete Law

Tue, 23 Apr 2013 11:45:50 -0500

Governor Nathan Deal has just signed House Bill 284 the legislation that creates some important changes for kids. The signing took place at Children's Healthcare of Atlanta at Scottish Rite. With this enactment, Georgia has joined 43 states in making sure young athletes are better protected from serious injury.

Through this bill, Georgia's legislature has enacted new standards for young athletes suffering concussions. As an Atlanta injury lawyer with experience representing children and families, I am very pleased that Georgia has taken this important step.

The bill sets out new protocols that involve informing parents regarding concussion dangers. It also sets forth new guidelines for the identification and treatment of young athletes with injuries to the head.

Specifically, schools in the k-12 grades must create and implement policies intended to minimize injuries from concussion, inform parents of the risks of these injuries and remove athletes from play, both practice and games, who show signs of a concussion. They must also not return to either until a physician has examined the athlete and cleared him or her. Public sports leagues are now required give concussion forms to parents and guardians. They are also encouraged to apply these same policies to their young athletes and programs.

The national standard for young athlete protections began in 2009. A football player in Washington state was sent back into the sport after a concussion and ended up with a very serious brain injury. Reports indicate that the Georgia legislation was pushed by the NFL and the Atlanta Falcons, who team president Mr. Rich McKay was present for the bill's signing.

The prestigious Institute of Medicine is now conducting a study on "sports-related concussions in youth, from elementary school through young adulthood, including military personnel and their dependents." The committee has begun its work, including public forums that will be assessing these injuries from not only developmental neurobiology in children and teens, but the specific injuries related to sports and how they might be prevented with the use of protective devices and equipment. The effectiveness of these will also be studied. In addition, "concussion risk factors, screening and diagnosis, treatment and management, and long-term consequences" are also being studied.

Cobb County Head-On Collision Kills Two

Wed, 17 Apr 2013 23:13:11 -0500

We are all stunned and grieving with the recent events in Boston. Before going on I want to express my grief for those who have lost life and limb and for the city of Boston. Life goes on in our country even as law enforcement continues to work to keep us safe right here in Georgia, there are some who, in failing to comply with the rules and laws, defy them and end up harming themselves and others.

That is what happened earlier this week in Cobb County. As a Cobb County car accident lawyer, I find it particularly tragic that two people were killed in an early morning head-on collision -- requiring local authorities to shut down a road prior to the morning commute earlier this week.

The preliminary investigation as reported by the Atlanta Journal-Constitution is that this tragic accident began with a simple traffic stop that should have ended far differently than it did. When an officer attempted to make a traffic stop, the driver fled in the wrong lane of traffic on Maxham Road. The driver was a woman from Roswell. She drove head-on into the car of an oncoming driver who was from Marietta. Both of these drivers died at the scene of the tragic accident.

A witness who lives near where the collision occurred was quoted as saying that
" ' It sounded like an explosion.' " Although the road was shut down for some time, it reopened just before the commute hours. It is not clear why the deceased woman failed to stop when the police signaled to her to stop. But an innocent driver has lost his life along with her due to her failure to do so.

When law enforcement signals drivers to pull over, Georgia law requires that we do so. The Official Code of Georgia Annotated section 40-6-395 states that it is "unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren." The provision also states that violating this provision can result in " a high and aggravated misdemeanor."

The fact that the woman's failure to stop resulted in the death of another driver makes this a more serious situation. Although we do not know why she failed to stop and whether she might have had a medical condition that confused her or some other reason that would mitigate her actions which resulted in the death of another driver and herself. Undoubtedly, had the woman driving the vehicle survived, she could have been charged with some very serious crimes given that the other driver passed away as well.

Bus Crash Raises Seat Belt Question, Again.

Sun, 14 Apr 2013 10:14:31 -0500

All across our country buses are being boarded this morning taking sports teams, senior citizens and tourists to their destinations. Last week in Texas, yet another major bus accident has left two dead and more than 40 injured. Thankfully, injuries appear to be moderate. As an Atlanta bus injury attorney, I know that age often makes recovery more difficult -- these passengers were all over the age of 60.

This bus crash which carried senior citizens to a gambling outing, is currently under investigation. The National Transportation Safety Board and local authorities are now reviewing evidence and conducting interviews, but it will likely take months for the cause to be determined. At this point, the bus is known to have suddenly crashed and rolled over, trapping many of the passengers. Two of whom have lost their lives.

The bus company that owned the vehicle has a clean record, but does have some history of violations in the past. Violations such as a broken light and record keeping deficiencies are considered minor and are regulated under the Federal Motor Coach Safety Administration which is charged with ensuring bus safety.

After this accident, investigators are said to have spent time at the offices of the bus company and in conversation with its owners and their attorney. At one point, the company went bankrupt, but eventually went back into business. The driver of the bus involved in this crash had one fatal incident involving the death of a young man back in the late 1990's. After a trial, the driver had been held partially responsible for the death of the young man.

Seatbelts are not required on charter buses. This is an issue that has been of concern to passengers and the federal government for many years. Although they are not currently required by the U.S. Department of Transportation, the National Transportation Safety Board has recommended them for years. Many wonder why these are not mandated by our government when accidents such as this one happen and injuries and deaths result that might have been avoided.

In another recent bus crash, older passengers were involved in an accident near Yosemite National Park when the bus lost control and careened down a slope, hitting a tree. Passengers suffered minor injuries in this crash.

Wrong-way Driver Hits Guardrail, Loses Life

Wed, 03 Apr 2013 12:29:23 -0500

Late last week, a Gwinnett County driver lost his life after a seven-mile wrong way drive on I-85. The Atlanta Journal-Constitution reports that early on Saturday morning reports began coming in on 911 that a vehicle was driving fast in the wrong direction on I-85. Just as the police were working on intercepting the vehicle, it moved to Ga 316 again going in the wrong way, east in the westbound lanes. Sadly, the driver was killed when his car hit two guardrails, split in half and ending the driver's life. As a Gwinnett County injury lawyer, I can say that the only positive part of this story in my view is that no one else was injured or killed.

Several studies have been done in recent years on the way guardrails function in single vehicle accidents. Virginia Tech researchers have found that "from 2000-2005, the number of car occupants who were fatally injured in guardrail collisions declined by 31% from 251 to 171 deaths." Although guardrail are intended to help keep drivers safe and fatalities have decreased, they can still be very dangerous in situations such as that in Gwinnett County.

And just yesterday, another guardrail incident occurred in downtown Atlanta. An SUV (Jeep Liberty) that was traveling on the Martin Luther King Jr. Drive bridge, crashed through the guardrail in the early evening and fell 50 feet. Miraculously the three people in the vehicle only suffered minor injuries. The accident apparently occurred after the driver experienced a medical emergency. The vehicle was damaged very badly, which is precisely the way it should be, because the people inside were protected and the vehicle took the impact and energy of the fall.

When vehicles are involved in an accident, there are kinetic forces that vary depending on the speed and mass of the vehicle and the speed and mass of the object or vehicle that the vehicle strikes. Crumple zones work because they are intended to take the forces involved and actually redistribute them before those forces reach the people in the vehicle. They essentially create a "buffer zone" around the vehicle and it takes the force while the people are better protected against these forces. The very first vehicle to have a crumple zone was the 1959 Mercedes Benz W111 Fintail. The engineer who invented the crumple zone has more than 2500 patents to his name and worked for most of his professional career at Daimler-Benz.

Sometimes after an accident, experts must piece together how the accident occurred and how the vehicle or vehicles responded, their speed, deceleration and other factors in the seconds involved in a crash situation. These experts can be very important in making sure that the accident is accurately reconstructed for the purposes of determining the facts and responsibility for the accident.

Cobb County I-575 Fatal Crash Kills Teen and Boy

Tue, 19 Mar 2013 11:51:12 -0500

Cobb County has seen its share of roadway tragedies in recent weeks. Earlier this week another very sad accident from Georgia interstate travel has emerged, this time involving the deaths of two young people. One, a 19-year-old driver and the other an eight-year old passenger. Authorities are still trying to piece together what happened and are urging any witnesses to come forward. If anyone reading this post saw this accident, prior to the minivan leaving its lane of traffic, they are asked to contact Cobb County police. In my practice as a Cobb County car accident lawyer, I have found that witnesses can be very helpful in putting together the events and causes of a motor vehicle accident.

What is known thus far is that a minivan driven by the 19-year-old with the younger child in the vehicle, was driving on I-575 in Cobb County northbound. For reasons that are currently under investigation, the minivan crossed the median -- which is a grassy separation between the directions of traffic -- and entered the southbound lane of traffic. This tragic accident occurred in daylight hours in the afternoon and in dry conditions. Determining why the minivan left its lane of traffic will be a puzzle the authorities must now put together. This is important for many reasons, not the least of which is so that family and friends can understand what happened to their loved ones.

Reports from the police in an email to the Atlanta Journal-Constitution state that: " 'As the Chrysler entered into the southbound lanes, it was struck in the driver's side by the commercial truck.' " Both the driver and the child in the minivan passed away at the scene of the accident.

The driver of the truck sustained some injuries that are not life-threatening. He was taken to WellStar Kennestone Hospital and treated there.

It appears that the truck driver was not at fault in this accident. It also doesn't appear that the vehicle driven by the teen had some inherent defect, although we do not yet know that. We do not know whether speed or distracted driving or some other error by the teen driver was involved.

Generally, in cases in which deaths occur on the road and someone or some entity like a car manufacturer has culpability for the accident, it is possible for the families to consider a wrongful death suit. In this case, the truck driver might be able to help with the events leading up to the crash and the minivan entering his lane of traffic.

Authorities are also asking for eyewitnesses to come forward about what they saw. When accidents occur, eyewitnesses can be very important in piecing together what happened. Later, authorities and often lawyers must put together the accounts to try to determine what actually happened. It is most helpful if there are several eyewitnesses who can tell authorities what they saw -- eventually leading to a better picture of the facts.

Eyewitness testimony can be helpful, but it also needs to be treated like other evidence and weighed by a jury for its reliability. In some states, during a criminal trial for example, the reliability of eyewitness testimony must be part of the instructions to the jury before they deliberate. In Georgia, this instruction is not mandatory which means that a judge can decide whether to allow expert testimony about the reliability of eyewitnesses.

In a recent United States Supreme Court decision, the justices determined that it is up to the jury to weigh the evidence, even that of an eyewitness in a criminal trial. In that case, Perry v. New Hampshire, the Court declined to place new limits on the use of questionable eyewitness testimony in criminal cases.

If you see something happening on the road, or are a witness to an accident or a crime, it is important that you come forward to say what you saw. This can be important information to help put the facts together in any given accident or case.

Forsyth County Teen Loses Life in Single Vehicle Crash

Sun, 17 Mar 2013 21:58:31 -0500

A Forsyth County family is mourning the loss of their son and a high school is in shock with the loss of a teen this past weekend. All that is known thus far (as reported in the Atlanta Journal-Constitution) is that the young man, who by all accounts had a bright future ahead, was killed when he apparently crossed Georgia Highway 306 into the opposite lane and crashed into a mailbox.

This terrible accident occurred in the early hours of Saturday morning and the authorities have stated that alcohol was not a factor in the accident. The young man will be laid to rest this week. His church community is also devastated by the loss of a young man that was devoted to his faith.

It is very difficult to understand the loss of young life. It is also very difficult to cope with and to manage feelings of loss and anger. We know that one of the most terrible tragedies for a parent is outliving a child. In his book, "When Bad Things Happen to Good People," the author, a theologian, asks this question trying to cope with the death of his 14-year old son. It is a question I face directly and indirectly when representing and supporting the parents of deceased children after an accident in my Gwinnett County injury law practice.

Every family and every parent must come their own conclusion about this through their own lives, their own beliefs and their own healing process. As a counselor at law I can say that there is far too much emotional grief involved in these tragedies to also manage the legal and medical issues that are often also involved.

With regard to teen driving, we all need to remember that new drivers are less experienced drivers and that teens are most at risk for loss of life when behind the wheel. The National Highway Traffic Safety Administration notes that motor vehicle crashes are the leading cause of death for teens in the United States. Every year there are more than 5,000 teens (ages 16-20) who suffer loss of life in vehicle crashes. Weekends are the most vulnerable period of time for these crashes.

Even a fine and well-intended teen, as this young man apparently was, can fall asleep at the wheel due to fatigue or drive too fast for conditions and be unable to safely correct an error. Teens are inexperienced drivers, no matter how competent they can seem. We do not know what happened in this accident, but authorities believe the young man may have over corrected after traveling into the opposite lane of traffic and hit the mail box.

All teens are at a higher-risk to be involved in a fatal crash. And this is made more risky with failures to use seat belts and to drive distracted. Again, there is no evidence that this occurred in the passing of the Forsyth teen.

University in Mourning as Bus Crash Kills Driver & Pregnant Coach

Sun, 17 Mar 2013 13:10:51 -0500

A funeral mass will be held Sunday night at Seton Hill University after the school's women's lacrosse coach died over the weekend in a terrible bus crash on the Pennsylvania turnpike. Her unborn baby was also lost in this tragic crash. The driver of the bus was also killed.

There are many times in my practice as an Atlanta bus accident lawyer that I have counseled grieving families and friends. But it is so very difficult to imagine the sorrow of her family and friends, as she looked forward to the arrival of a child this summer.

Our hearts and our prayers go out to the coach's surviving husband and child and the entire Seton Hill and surrounding community stunned by this event.

The bus that was transporting the women's lacrosse team to an NCAA-II match at Millersville University in Pennsylvania was traveling on the Pennsylvania turnpike in the morning hours. The weather was a bit rainy and there might have been some light snow falling at that time. The coach and two other passengers were airlifted to a hospital nearby. But the coach passed away shortly after arriving at the facility and the driver passed away at the scene. Many other minor injuries were reported, but none appear to be life threatening.

The AP and USA Today report that this accident is one of three team crashes since the end of February alone. This bus careened off the turnpike and crashed into a tree. The crash is under investigation and is puzzling to authorities since it occurred on a flat stretch of the turnpike at a location which is not considered to be highly dangerous in any way. The front of the bus was severely damaged on impact.

One early theory is that the driver either fell asleep at the wheel or experienced a medical emergency while driving. The bus operator immediately sent a representative to the scene of the accident. The company has a good safety record.

Last week another bus that had a team on board in New York state, was hit by a car that had spun out of control on the road. One car passenger died and several players were injured. Recently, another bus that was transporting a University of Maine women's basketball team left highway after the driver had a medical issue. The driver was hurt as were a player and coach.

The Center for Truck and Bus Safety has been working on various studies to determine what happens when drivers of large vehicles become impaired. In this case, we do not know whether the driver became ill and had a life-threatening medical event or became drowsy. There are systems being studied to waken drowsy drivers while they are on the road and eventually these systems might save lives.

There is no way to relieve the shock and grief that we all feel hearing about a crash such as this one. The only thing we can do is support the study of how these crashes might be avoided if humanly or scientifically possible.

Alleged Drunk Driver Slams Into Stalled Car, Kills Man

Sun, 10 Mar 2013 21:28:45 -0500

One of the things many of us take for granted is that when we have a disabled vehicle, others on the road will take greater care and avoid hitting us. But what happens when drivers are either under the influence or do not anticipate a road condition that is unexpected? This is part of what we need to do as drivers, expect the unexpected and slow down depending on road conditions. In my work as an Atlanta accident injury lawyer, I have seen the terrible impact of drinking and driving. I have had the privilege of serving on the Board and Steering Committee for Georgia Mothers Against Drunk Driving and have supported the organization through my law firm.

Unfortunately, a recent local example of drinking and driving came to my attention as I read with sadness that an alleged drunk driver slammed into a disabled vehicle killing a Cobb County man. He was stalled on the I-285 westbound ramp from I-75 north in Clayton County. His vehicle was struck from behind by a cargo van that was driven by the alleged drunk driver. According to reports, charges are now pending both against the driver and a passenger of the van, both of whom are alleged to have been under the influence of alcohol.

Mothers Against Drunk Driving has worked very hard to reduce the destructive impact of drunk driving in America and has helped to lower the numbers of drunk drivers on our roads. They note that we take "233 billion trips in cars each year," but that one in every two thousand trips involve drivers who have been drinking and are under the influence of alcohol. Shockingly, just about one of every three deaths on our roads involves drunk driving which shows just how deadly drinking and driving is on our streets and highways.

All the statistics should give us pause. Difficult to imagine, but the fact is that on average drunk driving kills someone on America once an hour. Yes, once an hour. Think about this --- nearly 10,000 people in our country die on the roads every year. Beyond the tragedy of preventable deaths, the facts also reveal that every 90 seconds someone is injured due to drunk driving. And a staggering number of these deaths, injuries and accidents in general are caused by those who have engaged in this bad behavior previously.

When you are on the road, you are most likely driving along with a drunk driver. Sometimes we see them weaving or driving erratically and we call 911 to report this. It is very important to contact authorities if you observe a driver that seems impaired.

Removing these drivers from the road is getting easier ... ignition interlocks for drunk driving offenders can now help stop these drivers from ever getting on the roads. Let's work together to avoid this dangerous and deadly behavior.

Hit and Run Driver Arrested for Critically Injuring College Student

Thu, 07 Mar 2013 10:33:53 -0500

Last month we posted about a tragic accident that has left a college student non-responsive and still hospitalized. The alleged driver that critically injured her as she walked home from a friend's birthday party has now been arrested and bond has been set by the court. He is ordered to wear and ankle bracelet while he awaits trial. The accusations against the driver are those I have often seen in cases such as this in my work as a Gwinnett County car accident lawyer and are covered under several provisions of Georgia law.

One of the primary issues in this case is the condition of the driver at the time he allegedly struck the young woman. The young man who was driving the pick up truck that allegedly struck her, is also alleged to have been driving drunk and is charged with DUi. According to reports, he was booked at the Athens-Clarke County Jail and is also charged with, among other charges, felony hit-and-run and serious injury by motor vehicle. These two crimes are also quite serious.

Under the Official Code of Georgia Annotated section 40-6-270, "[t]he driver of any vehicle 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 as close to the accident as possible. After providing identifying information, the driver also must provide registration information of the vehicle he or she is driving.

Drivers are also mandated by this provision to "[r]ender to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person. It is also required that the driver make reasonable efforts to "ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance."

The provision also provides for a felony if the accidents is the cause of death or serious injury to others involved. That is what the charge involves in the Athens tragedy.

The driver in this case is also charged with the crime of serious injury by vehicle which is covered under a separate code section Official Code of Georgia Annotated section 40-6-394 states that "[w]hoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless ... shall be guilty of the crime of serious injury by vehicle." A conviction on this charge is a felony. The person found guilty of this charge can be imprisoned for no less than one year, nor more than 15 years.

The victim in this accident is making some progress, but is still not responsive. She is breathing on her own and has some body movement which is a very hopeful sign.

This case reminds us all of the needless tragedy that can result from drinking and driving and the wrongful conduct involved in hit and run. This accident has tragically damaged two young people's lives, the young man that allegedly drove the pick up truck and the young woman whose future is in the balance at an Athens hospital.

Indictment and Arrest in Jet Ski Tragedy

Fri, 01 Mar 2013 20:32:32 -0500

The tragedies we all watched unfold this past summer with the death of Kile Glover (and in a separate accident two other young people), has now led to charges being filed against the man who was piloting the jet ski that killed Kile and injured his friend. The jet ski driver was a friend of the family and on an outing with them in Buford. He has now been arrested after grand jury indictment and charged with homicide by vessel.

The fatal jet ski crash was widely reported on national media. What I hope to do by focusing on this and as an Atlanta boating accident lawyer is to avoid more tragic accidents by talking about the importance of following boating rules and saying something when we see boaters driving unsafely or under the influence.

As many might recall, the 11-year old was tubing with a friend when the arrested man's jet ski struck them both. In this horrific accident, the boy lost his life after he went into a coma and his heart eventually failed.

The Georgia Department of Natural Resources has jurisdiction over boating accidents and after a thorough investigation the jet ski pilot was determined by authorities to be responsible for this tragedy.

Some good has come from this summer outing turned tragic. The Georgia Senate has just passed a bill that is named for three boys, including young Glover, who were killed last summer in boating accidents. It was passed with a unanimous vote. Senate Bill 136,
known as the "Kile Glover Boat Education Law" and "Jake and Griffin Prince BUI Law," lowers the legal limit from 0.10 to 0.08 and provides for enhanced penalties for both those hunting or boating when under the influence.

Under current Georgia law the legal alcohol limit for boating 0.10. The Official Code of Georgia Annotated (OCGA) §52-7-12 now provides that: "No person shall operate, steer, drive, or be in actual physical control of any moving vessel while under the influence of alcohol, drugs, or both. The person's blood alcohol concentration (BAC) must be below 0.10 grams at any time within three hours of operating a boat, water skis, aquaplane, surfboard, or similar moving device." This bill lowers that limit as noted to 0.08.

The new bill also provides for a misdemeanor after a first or second conviction, a high and aggravated misdemeanor for a third conviction and a felony for a fourth conviction. Penalties for these include fines, possible imprisonment, community service and other educational requirements. In some instances, boaters will have their licenses suspended until they can provide proof of boating education course completion. Young boaters will be required to have had boating education before they can operate a personal watercraft.

In addition, the new bill increases from 10 to 13 years of age for the requirement of wearing a personal flotation device. The Georgia House of Representatives will now have a chance to pass this bill and make it Georgia law.