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.

Injuries and wrongful deaths occur from time to time at amusement parks such as Six Flags Over Georgia and Six Flags Whitewater. Atlanta premise liability lawyers and attorneys are the most capable of handling such cases, and it is best that these lawyers get involved as quickly as possible to prevent the destruction of any evidence. Surveillance tapes may be destroyed after 30 days, for example, and these tapes could prove to be the most valuable evidence in pursuing a case against the amusement park.

In a recent case, a teenager was seriously injured when she was chased by costumed characters at Six Flags Over Georgia. While trying to escape the chase of the character, the teenager ran into a railing and fractured her hip. Extensive surgery was required to repair the injury, and the teenage will have permanent scarring and discomfort as a result.

While Six Flags denied liability for the teenager's injuries, the case eventually settled for $125,000.00. As premise liability lawyers, we understand that sometime's it is better to settle a case that to take it to trial. In this circumstance, the Plaintiff was willing to accept the offer of settlement made by the amusement park.

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.

As an Atlanta work injury attorney, I was interested to read a statistical report released in this week's Atlanta Business Chronicle analyzing workers' compensation cases in Georgia. The report showed that in the calendar year 2008, wrongful deaths related to work accidents declined significantly. Atlanta work accidents relating in deaths dropped to 62 from a total of 90 in 2007, while Georgia occupational fatalities dropped to 171 from 193 in the previous year.

Atlanta injury lawyers, and workers compensation lawyers throughout Georgia, have suggested that they have seen a decline in the number of work-related injuries in the last year. Obviously, many relate this to the down turn in the economy. As the construction has slowed substantially, so to have the frequent work injuries associated with the industry. While it is certainly a blessing that we have seen less work accidents in Georgia over the last year, it is troubling that this phenomenon appears to be associated with a weak job market as opposed to safer occupational standards.

As the economy resuscitates and the construction industry begins to pick up steam, Atlanta's accident attorneys anticipate that work accident figures will similarly escalate. We hope that most of these injuries will be minor, however, and that fatal occupational injuries will continue to decline.

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 attorneys have 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.

Atlanta personal injury attorneys obtained a $5.47 million dollar verdict in a wrongful death case last week in DeKalb County, Georgia. The case involved a man who was killed while working at Atlanta-Hartsfield airport in June of 2007. The decedent was working on an expansion project at the airport, and his job was to direct dump trucks entering the work site. The man was killed when a dump truck driver ingnored stop signals and ran over him.

A wrongful death and pain and suffering claim was filed by Atlanta lawyers retained by the family of the decedent. The case was presented to a jury last week and, after only three days, the verdict was returned. Because the decedent was killed while at work, the family of the decedent is also entitled to a recovery under Georgia workers compensation laws.

As an Atlanta personal injury attorney and workers compensation lawyer, I am grateful that our Georgia juries are willing to issue large awards to the victims of tragic incidents such as this one. We have recovered millions of dollars for our injured Clients, and we continue to be inspired when verdicts like this are issued. Many of Georgia's best lawyers are in located in Atlanta, and it these types of vedicts are a testament to this.

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.

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 " »