Atlanta Injury Lawyers Blog

As Atlanta apartment shooting lawyers, we are troubled at the recent slew of apartment complex crimes. Another such shooting occurred this past Tuesday night in Newton County, Georgia. Unfortunately, in addition to the apartment shooting, there was a related car accident which led to the wrongful death of Shirley Akin.

The robbery/shooting happened at approximately 7:30 p.m. on February 23, 2010 at an apartment complex in Newton County. The victim was taken by ambulance to Atlanta Medical Center for treatment of a bullet wound. Following the shooting, the suspects fled the scene in a black Nissan Maxima.

Later in the evening, the two men, while apparently on the run from authorities, struck Ms. Akin's vehicle after running a red light. Ms. Akin was taken to Rockdale Medical Center where she perished as a result of her injuries.

Atlanta auto accident attorneys obtained a $20 million dollar verdict for the estate of a 62-year-old man who died when his automobile was hit by a tractor-trailer truck. The verdict was obtained in Clayton County, Georgia, and jurors delivered the verdict after only 3.5 hours of deliberation. This is another big jury award for personal injury lawyers, and the verdict shows that Georgia juries are willing to properly compensate plaintiffs and punish defendants when the circumstances are appropriate.

In the negligence case, the estate's auto accident attorneys informed the jury that the decedent had been stopped at a red light when his vehicle was crushed by a truck driven by the Defendant. The lawyers argued that the Defendant was negligent in not keeping a proper lookout, in neglecting to keep his vehicle under control, and in travelling too fast for roadway conditions. The jury accepted these arguments and found that the Defendant acted reckless and with a complete disregard for the safety of others on the roadway.

Prior to presenting the case to the jury, the Defendant's insurance company was only willing to offer $1.5 million dollars to settle the case. The estate's lawyers rejected this offer, and instead trusted that the jury would dleiver a verdict that was just and fair.

The family of a man killed while riding a scooter has settled their claim against the at fault party with the assistance of their Atlanta motorcycle accident lawyers. As personal injury attorneys handling wrongful deaths, brain and spinal cord injuries, and other injuries occurring as a consequence of motorcycle accidents, we believe that this was a good result for the family.

The wrongful death decedent was killed whole operating his motor scooter on a Georgia Highway in July of 2007. An individual in an automobile cut the decedent off causing a head on collision. The decedent died at the scene as a consequence of massive head trauma. The at fault party tested positive for cocaine shortly after the collision, as well as THC.

In addition to the personal liability of the at fault party, lawyers for the decedent argued that his employer was also liable under the doctrine of respondeat superior. Under this theory of the law, an individual's employer can be liable for the negligent acts of the employee if the negligent acts occur while the employee is acting in furtherance of the employers business at the time of the negligent act.

We continue to read through new data released by the U.S. Department of Labor relating to work related deaths in Georgia. As Atlanta work injury attorneys, this information is of critical importance to us as it indicates in which industries our Clients are most at risk. The figures also reveal other statistical information, such as the average age of workers in occupational accidents, which assist Georgia injury attorneys in determining which Clients are more susceptible to work accidents.

Georgia workers compensation attorneys may be interested to learn that, of the 171 workers compensation deaths in Georgia in 2008, almost one-third (52) involved workers between the ages of 45-54. This statistical group was followed by 35 fatalities involving Georgia workers ages 35-44, and 30 deaths involving workers ages 25-34. Interestingly, older workers were just as susceptible to work related deaths in Georgia in 2008, as there were 35 deaths involving workers age 55 and older.

Another interesting data set released by the Department of Labor shows that of the 171 work deaths in Atlanta and throughout Georgia in 2008, 78 occurred in goods producing industries such as mining, construction, and manufacturing. Another 78 deaths occurred in service providing industries such as banking, leisure and hospitality, and the transportation. The remaining fatalities, 15, were related to government work activity, with 5 occurring at the federal level, and 10 at the local level.

A posting on our Atlanta Injury Lawyer blog last week discussed a recent statistical report published in the Atlanta Business Chronicle indicating that the number of Georgia workers compensation deaths declined in 2008. As an Atlanta workers compensation attorney, I had speculated that this drop was likely due to the U.S. economical climate which has led to a slowdown in the construction industry. Much to my surprise, however, further research has revealed that most workers compensation fatalities in Georgia are not related to work site accidents.

In 2008, of the 171 work deaths reported to the State Board of Workers Compensation, more than one-third were caused by car and truck accidents occurring in Atlanta and throughout Georgia. Specifically, 62 work accident fatalities were caused by car and truck accidents. As both an Atlanta car accident attorney and an Atlanta workers compensation attorney, this figure was unexpected.

Following car and truck accidents, the most common cause of work related deaths in Georgia was "contact with objects and equipment" and "falls," which each accounted for 28 work fatalities. "Assaults and violent acts" resulted in 26 occupational deaths in Georgia, with "fires or explosions" (16) and "exposure to harmful substances" (11) accounting for the remainder fatalities.

An Atlanta area Plaintiff has been awarded $7.25 million for a personal injury sustained in a car accident several years ago. The motor vehicle accident occurred when the at fault Defendant left his lane and entered the path of the Plaintiff's vehicle causing a head on collision. The Plaintiff was left paralyzed from the waist down. A sobriety test performed by police at the scene of the accident revealed that the 23 year old at fault driver had a blood alcohol content of .303%.

In circumstances where an individual causes a car or truck accident while under the influence of alcohol, attorneys and lawyers in Georgia may seek an award of punitive damages. Punitive damages may be awarded where a jury finds that the conduct of the defendant was so egregious that it amounted to a reckless disregard for the safety of others. The concept behind an award of punitive damages in a motor vehicle collision is that the defendant should be punished as his or her conduct amounts to more than mere negligence. The conduct almost borders on an intentional act as the defendant entered his or her vehicle with knowledge that he or she would be unable to operate a motor vehicle in a safe manner.

In Georgia, a blood alcohol level of .08% or higher validates a criminal charge of driving while under the influence. Under Georgia law, however, there is also an inference of driving under the influence where a driver is measured with a blood alcohol content between .05 and .08. This inference creates a presumption that the driver may have been impaired by alcohol, and attorneys for the driver are forced to rebut this inference in order to prevent a conviction.

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 Atlanta based car and truck accident attorneys 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 Atlanta based car and truck accident attorneys who 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 Atlanta based car and truck accident lawyers, 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 Atlanta car accident lawyers, 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.

As Atlanta workers compensation lawyers, we are constantly reviewing statistics and data to evaluate where workers in Georgia are most at risk to sustain a work injury. By doing so, we feel that we are better prepared to assist our Clients when they contact us to seek the assistance of an attorney. A review of recent data has revealed some very interesting information.

At the outset, workplace injury data shows that over 4 million workers throughout the county incur a work injury each year. Of those work accidents, over 2 million employees suffer an injury that is so severe that they are required to miss time and seek medical attention. Most injuries occur at companies whose workforce is less than 250, and small businesses of less than 10 people are less likely to have an employee injured.

Although the economy has slowed the pace of construction in Atlanta and throughout Georgia, as work accident attorneys we are always interested in how susceptible our construction worker Clients are to injury. Workplace injury data shows that the construction industry is a highly dangerous field, with 16 deaths per year for every 100,000 workers. This amounts to 20% of all work related deaths per year. Most of these work accident deaths are caused by car accidents, heavy equipment, and falls. A large portion of our workers compensation practice is devoted to representing Hispanic workers, and we were also interested to learn that Hispanics are injured on construction sites at a greater rate than any other demographic.

A 3-car motor vehicle accident occurring late Saturday night in Gwinnett County, Georgia, just outside of Atlanta, has resulted in the wrongful death of one person. The details of the car accident are still under investigation, and police are yet to determine whether drugs or alcohol may have been involved. This traffic accident is the latest in a series of motor vehicle accidents over the last several weeks that have led to fatalities.

As Atlanta car accident attorneys, we continue to see an increase in traffic related wrongful deaths in Fulton, Cobb and Gwinnett Counties. As Georgia's roadways continue to become more congested, drivers are required to exercise greater levels of care while operating their vehicles. Even with the highest level of care, however, it is sometimes impossible to escape the negligent acts of another driver upon the roadway.

Given our unique perspective as personal injury lawyers in Georgia, we have noticed that many of the more serious car accidents in the Atlanta metropolitan area are caused by young and inexperienced drivers. In many instances, these young drivers are simply not sophisticated enough to recognize the dangers of operating a motor vehicle. Many times, we see accidents caused by a teenage driver who is distracted by a radio, cell phone, or ipod.

Curbing the use of handheld devices by young drivers of a vehicle is a constant battle. While there exist civil penalties if a car accident is caused by such conduct (punitive damages), the present criminal code is not strict enough. Perhaps if the legislature developed a more effective manner in which to penalize parents for allowing their children to operate motor vehicles while using such devices, we may see some progress.

Recent statistics published by the United Stated Department of Labor reveal that workers compensation accidents in Georgia last year resulted in 171 deaths. Although this figure appears high, the total number of fatalities was actually down from the prior year. In 2007, there were 193 deaths caused by a work related accident or injury.

As Atlanta workers compensation lawyers, these statistics are of interest to us as they demonstrate where Georgia's workers are most at risk for injury. For example, further analysis of the workers compensation death statistics offer insight as to the cause of the employee fatalities. The largest category of deaths, 62, were caused by employees involved in a car accidents and truck accidents while working. Motor vehicle accidents were followed by falls at work (28 deaths), heavy equipment/machine accidents (28 deaths), and violent acts and assaults at work (26 deaths). As workers compensation attorneys, we are also interested in which workers are more at risk to sustain a work injury. The statistics evidence that men are disproportionately injured on the job in Georgia, as only 12 of the 171 deaths were women.

One particularly interesting revelation from the 2008 death statistics is that certain ethnic groups are killed at rates that are disproportionate to their representation in the general population. For example, although Hispanics comprise about 8 percent of Georgia's population, they accounted for almost 15% of all workers compensation deaths in 2008.

Continue reading "171 Workers Compensation Deaths in Georgia Last Year" »

A 22-year old Atlanta woman, Aimee Michael, who caused a car accident resulting in the wrongful deaths of five people is conferring with her lawyers to determine whether she will accept a plea deal offered by the prosecuting attorneys. The motor vehicle accident occurred last Easter on Camp Creek Parkway in South Fulton County. Michael, a 22-year old at the time, was driving her mother's BMW when she caused the car crash, and she has been charged with 5 counts of vehicular homicide.

In addition to criminal charges, Michael and her mother face certain civil law suits for Michael's negligent conduct in casuing the wrongful deaths of the 5 individuals. Although Michael was at fault, her mother is potentially liable under the Georgia family purpose doctrine and a theory of negligent entrustment. In order for a claim under the family purpose doctrine to succeed, a personal injury attorney must prove that Michael's mother: (1) gave her permission to drive the car on the day of the acccident; (2) that actually relinquished the car to Michael; (3) that Michael was actually in the vehicle at the time of the accident and, (4) that Michael was using the vehcile for some family purpose. To succeed on a theory of negligent entustment, a lawyer for the victims must show that Michael's mother knew of Michael's propenstiy for careless driving and, nevertheless, allowed her to drive the vhicle on the day of the accident.

In addition to claims for special damages (medical expenses, funeral costs, etc.) and pain and suffering, lawyers for the faimilies of the victims may also attempt to seek an assessment of punitive damages. Under Georgia law, punitive damages may be assessed where the wrongdoers conduct was so egregious that it amounts to a wanton dsregard for the welfare of others. A substance believed to be marijuana was found in Michael's vehicle on the day of the accident, and this evidence could be enough to obtain a punitive damage verdict from an Atlanta jury.

As an Atlanta car accident attorney, I know just how dangerous Georgia's roads and highways can be. At The Murray Law Firm, we receive dozens of call on a weekly basis from new Clients seeking a lawyer to assist them with metro Atlanta car accident and truck accident cases. From the spring through the fall, we also see allot of pedestrian accident cases as more people are walking on sidewalks and crosswalks. Given our firm's involvement in so many Atlanta accident cases, it very rarely surprises me when I read the paper or watch the news and hear about a new traffic incident.

Despite my personal understanding of the regular occurrence of automobile accidents in Atlanta and throughout Georgia, the last week has seemed particularly bad. The wet weather that has drenched Atlanta over the last several days has resulted in a spike in the amount of traffic accidents. There have also been a significant number of car accident and truck accident fatalities, and wrongful deaths relating to pedestrian accidents. Just this past weekend, there was a hit and run fatality/wrongful death relating to a pedestrian crossing a cross walk on Buford Highways. An Atlanta woman was also killed in a truck accident when she stopped to assist another driver who had been stopped on a ramp at Spaghetti junction. A truck struck her vehicle, which caused her to be thrown from the side of the ramp.

Given the increased traffic incidents in Atlanta, we thought this blog posting might provide a good opportunity to remind our potential Clients of a few basic tips in the event of an accident. First and most importantly, in the event of an accident, immediately call 911. If you are injured, or you are not sure, request that emergency medical services be dispatched to the scene. Take pictures of all vehicles with a camera or a cellular phone before any alterations to the accident scene occur. Tell the responding police officer exactly what happened, and make sure that he includes your statement in his police report. Ask the officer for the police report number, as this will allow you to obtain the police report and ensure that the report is accurate. Finally, call your insurance company and report exactly what happened and who was a fault.

Continue reading "Atlanta Car Accidents, Truck Accidents, and Pedestrian Accidents Increase with Wet Weather " »

Our law firm was recently hired by a man seeking an Atlanta accident attorney to assist him with his personal injury case. The man was involved in a motor vehicle accident while driving his company's truck. The motor vehicle accident was not his fault, and the man suffered a spine injury as a result of the collision. He contacted us to assist him in his workers compensation claim against his employer. When we informed him that Georgia law allowed his attorney to also pursue a personal injury claim against the at fault driver, he was surprised. Apparently, his employer had told him that Georgia workers compensation law only allowed him to pursue a workers' comp claim.

This story inspired me to offer two lessons to our blog readers. The first lesson is, if you are ever involved in a work accident, be immediately skeptical of whatever advice your employer offers you. Too many times as a Georgia attorney have I seen my workers' compensation Clients misled by an employer whose primary concern is the impact that the work injury will have on its insurance premium. As we have posted in prior blogs entries, the victim of a work accident in Georgia in entitled to a number of benefits ranging from medical care to weekly indemnity checks. The workers compensation system in Georgia is very intricate, and an injured worker should seek the assistance of a qualified Georgia attorney before taking any advice from an employer.

The second lesson is that the workers compensation system is not always the only avenue of redress for an individual hurt in a work accident. It is true that Georgia law includes a statute that is commonly referred to as the 'exclusive remedy doctrine' which prohibits an injured worker from bringing a personal injury action against its employer. This statute does not, however, apply where a third party unrelated to the employer is at fault in causing the work accident. Under such circumstances, the injured worker may also have a personal injury case in addition to the workers compensation claim. Examples of this would be where a company driver is hurt in a car accident caused by another driver (car accident personal injury case), where a worker is hurt by a faulty machine (products liability claim), or where an injured worker slips and falls or is the victim of a violent crime while on a property not owned or leased by the employer (premises liability case).

In order for a victim of a work injury to properly assess any and all claims that are available under Georgia law, it would be advisable for the injured worker to seek guidance from a Georgia attorney. The Murray Law Firm has recovered millions of dollars for our workers compensation clients, and we would be pleased to answer any questions from potential Clients free of charge. The Murray Law Firm is based in Atlanta, and represents Clients throughout Georgia including Savannah, Augusta, Columbus, Macon, Dalton, Rome, and Athens.