Atlanta Injury Lawyers Blog

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 an Atlanta car accident law firm, 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 a personal injury law firm 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.

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.

Atlanta personal injury attorneys, and accident lawyers throughout Georgia, are eagerly anticipating a ruling from the Georgia Supreme Court to see if the Court's Justices will strike down as unconstitutional a major piece of the Georgia legislature's 2005 tort reform law. The statute, which places a cap on non-economic damages such as pain and suffering in medical malpractice cases, has been consistently challenged as unconstitutional by trial lawyers since it became law nearly 5 years ago. The primary argument against the law is that it is unconstitutional because it infringes upon an injured party's right to a trial by jury. Opponents argue that the Georgia Constitution prescribes that a jury is to determine the amount of damages to be awarded to an injured victim, not the legislature.

The case heard by the Supreme Court is particularly egregious. The woman who brought the case is an elderly Marietta woman who sought plastic surgery to remove loose skin from under eyes. Within weeks of the surgery, the skin on her face died as the surgeon had improperly terminated blood flow to her face during the procedure. As a consequence, she was left disfigured, with irreparable harm. A Fulton County jury found the plastic surgeon at fault, and awarded the woman pain and suffering damages in the amount of $900,000.00. Because of the non-economic damages cap, however, the award was automatically reduced.

As an Atlanta medical malpractice attorney, I am hopeful that the Supreme Court finds the tort reform law unconstitutional. I have noted before in this blog, the fear of civil jury awards for medical malpractice is one of the major mechanisms by which we can ensure that our doctors do not depart from appropriate standards of care. Without physicians fearing an assessment of damages from a jury for diversions from the standard care, physicians are more prone to commit medical malpractice.

Continue reading "Atlanta Personal Injury Attorneys and Georgia Accident Lawyers Await Supreme Court Ruling on Medical Malpractice Damages Cap" »