Atlanta Injury Lawyers Blog

As an Atlanta premises liability lawyer who represents Clients in slip and fall cases, I am anxiously awaiting the result of a case against Wal-Mart that is scheduled to go to trial in the coming months. The case involves a slip and fall accident that ultimately resulted in the wrongful death of the victim. In July of 2009, Julie Lehman was shopping in Wal-Mart when she slipped on a wet floor in the automotive section of the store. She was diagnosed with a blood clot in her brain incidental to the fall, and she was compelled to undergo emergency surgery. Julie died while in surgery, and her husband thereafter brought suit for her wrongful death and her pain and suffering.

Atlanta's best lawyers, and attorneys throughout Georgia, will readily admit that slip and fall cases are among the most difficult to win. This is because the law as it currently stands in Georgia heavily favors store owners. In particular, in order to establish that a store owner is liable for the injuries in a slip and fall case, Georgia personal injury attorneys are required to establish: (1) that the owner either knew, or should have known, of the dangerous condition which caused the fall; and, (2) that the injured victim did not have knowledge of the condition. The hardest of these elements to prove is the knowledge of the store owner. The law as is currently stands does not require a store owner to check it's aisles for dangerous conditions at very frequent intervals. Some cases hold that a walk through every 90 minutes is satisfactory, and if a dangerous condition occurs within that interval it would not be required to have knowledge of that condition. This is very unfair to injured victims as it does not require the store to be very proactive in preventing dangerous conditions from arising.

Our law firm has been very successful in pursuing premises liability/slip and fall cases in Atlanta and throughout Georgia, but it is critical that we are contacted by the injured victim as soon as possible. The reason for this is that we want to make sure any evidence which establishes that the store owner failed to conduct a search of its store is preserved. Store surveillance videos are a great source for establishing this, and, as many such tapes are erased every 30 days, we want to demand that the store owner refrain from erasing the tapes.

Our law firm continues to read through statistics recently released by the Georgia Office of Highway Safety relating to motor vehicle collisions in Georgia. One particularly distressing set of statistics indicate that there were a total of 1,703 traffic related deaths in the state last year. As an Atlanta based car and truck accident law firm representing individuals who have suffered the wrongful death of a family member, these numbers are of interest as they evidence just how dangerous Georgia's roads can be.

The Atlanta metropolitan area far and away accounted for the most car or truck accident fatalities within the state last year. Fulton County had 123 deaths, Gwinnett County 93, DeKalb County 85, and Cobb County 65. Adding these figures together, 1 car or truck accident fatality occurred in one of these counties for every 10 throughout the rest of Georgia. Every county in the state had at least 1 motor vehicle death, with the exception of Clay County, Jenkins County, Lincoln County, Miller County, and Wilcox County.

In reading through the Georgia Office of Highway Safety statistics, our firm was interested to learn about the type of vehicles associated with traffic related deaths in Georgia last year. Of all car or truck related fatalities, 1035 involved a passenger vehicle of some sort, while 511 involved a pickup truck. The most alarming statistic, however, related to the use of seatbelts. Stunningly, 301 the 1703 fatalities involved an occupant who was not wearing a seatbelt at the time of the collision. This accounted for almost 20% of all deaths on Georgia's roadways last year.

The number of car and truck accidents occurring in the City of Atlanta and in Fulton County continues to rise to new levels. Statistics published by the Georgia Office of Highway Safety indicate that last year the number of motor vehicle collisions in Fulton County totaled 50,494. With a total of 342,156 car and truck accidents occurring throughout Georgia, Atlanta/Fulton County accounted for almost 1 out of every 6 collisions in the state. As an Atlanta based car and truck accident law firm that represents injured Clients throughout the state of Georgia, these statistics are alarming.

After Fulton County, DeKalb County (31,792), Gwinnett County (30,889), and Cobb County (26,526) account for the most car accidents in the state. Combining these four metropolitan counties, the statistics evidence that almost half (139,701) of all car and truck accidents happen in the Atlanta area. Outside of Atlanta, Savannah's Chatham County is the most dangerous with 13,637 motor vehicle accidents last year.

Given our unique position as an Atlanta based car and truck accident law firm, we have long realized that the roads and highways in the Atlanta metropolitan area are very dangerous. We have represented hundreds upon hundreds of individuals who have suffered an injury, or who have suffered the wrongful death of a loved one, as a consequence of a car or truck accident. Nonetheless, we continue to be astonished as new statistics show just how hazardous our roadways are. We are also constantly stunned that, despite increased motor vehicle collision and fatalities, many drivers continue to drive with wanton and reckless abandonment for the safety of others.

Lawyers and attorneys who represent Georgia car and truck accident victims are applauding a recent decision from the Georgia Supreme Court which holds that the 2-year statute of limitation to file a personal injury lawsuit stemming from motor vehicle collision may be extended under limited scenarios. In particular, the Supreme Court held that Section 9-3-99 of the Official Code of Georgia mandates that the statute of limitation be tolled (i.e. paused) if there is traffic citation issued in conjunction with the incident. Specifically, the Court held that the 2-year statute of limitations does not begin to run until any citation stemming from the automobile accident has become fully adjudicated. The statute cannot be tolled for more than 6 years, however.

As an Atlanta car accident law firm, we are thrilled with this ruling. The practical effect of the Court's decision is that the 2-year statute of limitation is now virtually eliminated as a traffic citation is issued in conjunction with almost every car or truck accident in Georgia. During the last several years, the legislature, operating at the request of insurance companies, has passed a number of laws which have suppressed the rights of individuals who have suffered a personal injury via a car or truck accident or medical malpractice. This ruling swings the pendulum back toward Georgia personal injury attorneys and their clients, even if it's ever so slightly.

The next big decision that is awaited by lawyers and attorneys in Atlanta and throughout the state is the Supreme Court's ruling on the constitutionality of a statute which places cap on punitive damages in medical malpractice cases. As we've discussed previsously in this blog, the statute has been challenged continuously since its passage and a ruling by the Court deeming it unconstitutional would be another big victory. Let's hope that the Court continues to reemphasize the rights of injured Georgian's by declaring this legislative measure invalid.