Atlanta, Georgia Personal Injury Lawyer
Luckily for sufferers of TBI ,scientists right here in Atlanta are on the case. The renowned Emory Univeristy Medical Center has been awarded a 14.5 million grant to work with Grady Memorial Hospital and the Morehouse School of Medicine to study a new treatment for traumatic brain injury.
The treatment would involve using the hormone progesterone on sufferers of traumatic brain injury. The same Emory scientists have previously studied this treatment with promising results and this new study would build on successful findings.
“We found a 50 percent reduction in mortality in those patients treated with progesterone,” said lead investigator Dr. David Wright of the pilot study. “Furthermore, we found signs that progesterone improved functional outcomes and reduced disability in patients with moderate brain injury.”
The National Institute of Health (NIH), which awarded the grant, has also promised another $14 million in grant money if the three-year study reaches certain goals. The study will include 1,140 patients in 17 medical centers in 15 states, with Grady Memorial Hospital serving as the lead research center. Doctors from Morehouse and Emory both work out of Grady routinely, and that practice will allow them hands on access to the study.
Previous versions of this study have found that progesterone can actually cut the near-term mortality rate of victims of traumatic brain injury in half. It has also been found to possibly curb the severity of non-fatal traumatic brain injuries.
"Progesterone offers a number of advantages over other experimental treatments for traumatic brain injury," said a previous report by researchers. "Because it is lipid soluble, it rapidly crosses the blood-brain barrier and reaches equilibrium with the plasma within an hour of administration. It has a long history of safe use in men and women. The intravenous formulation we used can be easily administered by peripheral line. Because the agent is widely available in generic forms, it is inexpensive."
Traumatic brain injury is also all too common for soldiers. Not only could this treatment help victims of accidents, perhaps it could also help the brave men and women serving on the front lines of the current conflicts.
If you’ve been the victim in an accident and experienced a traumatic brain injury then you may have legal recourse. If someone else caused your accident, then they can be held liable for any damages, such as loss of employment, resulting from your brain injury. But you must act quickly! Evidence of brain injury disappears over time, as does physical evidence related to the accident. Call MLN Law at (404) 531-9700 to get the compensation you deserve.
Labels: atlanta, Georgia, traumatic brain injury
In terms of highway safety, the Fourth of July is the deadliest day of the year. Georgia State Troopers and other law enforcement officers have already begun their crackdown for the upcoming holiday.Operation Zero Tolerance will run through Sunday, July 5. Officers will be out in full force and on the lookout for impaired drivers and reckless speeders, as well as people who are not wearing safety belts.
“Operation Zero Tolerance sends state troopers and other law enforcement out in concentrated patrols, particularly targeting drunk drivers. We’re going to be conducting several road safety checks and working closely with Sheriff’s offices and police departments in a joint effort,” said Cpl. Kyle Duke of the Georgia State Patrol.
In Georgia, alcohol is involved in one out of five crashes. Last year during the Fourth of July travel period, nearly half of the 14 traffic fatalities in Georgia involved a drunk driver.
Bob Dallas, director of the Governor’s Office of Highway Safety, advises people to pre-plan their celebrations and arrange for a designated sober driver or a taxi cab. It’s a good idea to store taxi cab numbers on your cell phone just in case you need one.
“Driving while impaired just isn’t worth this incredible risk,” said Dallas. “Regardless of age or level of driving experience, drivers who consume too many spirits while getting into the holiday spirit must find a safe and sober ride home. If not, Operation Zero Tolerance has significantly increased their chances of arrest in Georgia, while their excessive alcohol consumption has significantly decreased their chances of survival anywhere they drive.”
If you’re serving as a designated driver this Fourth of July, make sure that all of your passengers are wearing their seat belts, and don’t allow any open containers of alcohol in your vehicle.
If you spot an impaired driver, call 911 immediately. You can also call *GSP on your cell phone to reach the nearest Georgia State Patrol post.
To be safe, drive as little as possible this holiday weekend. Keep in mind that this is one of the busiest days of the year, and many drivers will be impaired. Drive defensively, wear your seat belts, and stay within the speed limit. Try to arrive at your destination early and stay put, especially if you plan to drink. This will make the roads safer for us all.
If you’re injured in an accident with a drunk driver, call 911 and, if possible, collect evidence at the scene of the accident. Get names and phone numbers of any witnesses, and take photos of the accident scene. See a doctor immediately to have your injuries evaluated, and call an attorney as soon as possible. Your attorney will need to act quickly to investigate the accident and collect evidence.
MLN Law aggressively pursues claims against drunk drivers. We work hard for victims of drunk driving accidents to get them the compensation they deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation with an experienced attorney.
Here’s a Fourth of July video press release from the Governor’s Office of Highway Safety:
Labels: avoid wrecks, driver safety, drunk driver, drunk driving, DUI, Georgia personal injury law, reckless driving
Atlanta earned the dubious distinction of being one of the nation’s top five leading road rage cities in a survey conducted by AutoVantage, a national auto club. We found ourselves keeping company with three northern cities and one neighbor to the west on the following list:
1.) New York
2.) Dallas/Ft. Worth
3.) Detroit
4.) Atlanta
5.) Minneapolis/St. Paul
AutoVantage came up with these numbers after surveying drivers in 25 major metropolitan areas during the first three months of this year and compiling the ranked list based on reports of angry and aggressive drivers. For the purposes of the survey, angry drivers included drivers who overreact and lose their tempers while aggressive drivers included drivers who cut into lines, honk, speed and tailgate.
The survey also compiled some data we can all learn from, such as what causes road rage and which types of drivers are most likely to fall victim of a case of road rage.
The study concluded that the behaviors most likely to incite road rage include:
1.) Talking on a cell phone
2.) Texting or emailing
3.) Driving too fast
4.) Tailgating
5.) Eating or drinking while driving
6.) Cutting over without notice
7.) Slamming on the brakes
8.) Running red lights
9.) Multitasking (such as putting on makeup, shaving or reading)
Further, the people most likely to engage in road rage inducing behaviors are young people or people with long commutes. They admitted to the survey takers that they were more likely to talk on cell phones or drive too fast on a regular basis.
The study also identified some major causes of road rage, which included:
1.) Witnessing bad or careless driving from others
2.) Anger or frustration
3.) Running late or being in a hurry
4.) Experiencing traffic problems or road construction
5.) Witnessing drivers who “think they own the road”
Some tips for avoiding the urge to rage include allowing yourself plenty of time for your trip, listening to soothing music, and, of course, giving other drivers the benefit of the doubt and assuming that their mistakes are not directed at you. If you experience road rage from others, it’s key to remain calm and in control. Extreme reactions can just compound the chain of road rage and lead to more incidents or even an accident.
The best way to curb road rage is to begin with your own habits and be a careful, safe and courteous driver. If you are not yet following all the rules of courteous driving, why not start this 4th of July weekend?
Interested in more road rage statistics? Visit this website to see the full AutoVantage report and read more road rage statistics. (Warning, the link leads to a PDF that may open slowly on some machines.)
Labels: atlanta, distracted drivers, driver safety, drivers, Georgia, road rage
But the lack of adequate cooling could lead to problems at the height of summer. The elderly, children, people with health problems and people who work outside are most susceptible to the heat. In fact, a Med Page Today article reported that heat deaths strike men more often due to the fact that men are more likely to have jobs that require them to work outside. The article pointed out that men in their prime years (15-64) suffered significantly more heat deaths than women of the same age, so if you are a man (or woman) who works outside or know someone who does, take measures like the ones listed below.
If you or someone you know falls into one of the categories of people who are most susceptible to heat, be sure to pass on these tips for getting through what is sure to be a hot summer in a safe and healthy way:
1.) Drink plenty of water or other liquids. Even if you aren’t thirsty, liquids will keep your body hydrated.
2.) Dress in light weight, loose fitting clothing. Light colors are best.
3.) Be aware of the time and do not engage in outdoor or vigorous activities between noon and 4 p.m., the hottest part of the day.
4.) Wear a hat or use an umbrella when you go outside on a hot day.
5.) Eat light in hot weather. Get extra hydration by eating foods such as fruits, salads and soups that are high in water content.
6.) Take frequent showers and baths (while watching your water consumption, of course.) Water actually draws heat away from the skin, so bathing in tepid water is a great way to cool off on the hottest days.
7.) Watch for signs of dehydration. Human bodies are made up of 75% water and a drop in that percentage can be deadly. Early signs of dehydration are thirst to try to increase the body’s water content and decreased urination as the body tries to preserve its existing water content. Further symptoms include dry mouth, inability to produce tears, muscle cramps, nausea and vomiting, and lightheadedness. Dehydrated people may also stop sweating. Untreated dehydration can lead to coma and organ failure.
8.) Know the signs of heat cramps, heat exhaustion and heat stroke. Heat cramps are muscle spasms suffered by people who sweat during long, strenuous activities in hot sun. Heat exhaustion can develop after a few days of overheating while failing to take in enough fluid. Heat exhaustion is a milder form of heat stroke. Heat stroke is an extremely serious condition characterized by a high temperature and neurological symptoms. Symptoms can also mimic heart attack symptoms.
If you work outside and experience any unusual effects, don’t ignore your health. Four hundred people died between 1999 and 2003 from heat stroke, and it’s shaping up to be one hot summer.
Labels: heat related deaths, safety
But now a surgical technique out of China is being touted as a way to help children with spinal cord injuries or those born with spina bifida regain control of their bladder and progress toward living the normal lives their parents most assuredly want for them.
The Xiao Procedure was developed by a Dr. Xiao in China. When performing the technique, a surgeon takes a small portion of the nerve that usually controls motor function, then cuts it and splices it to a nerve that usually controls bladder and bowel function. Within a span of 6-24 months after the procedure, the nerve regenerates, creating a new nerve pathway to allow the child to empty her bladder by, interestingly enough, scratching a spot on her thigh.
According to an email to an interested mother of a child with spina bifida from Beaumont Hospital in Michigan, the surgery has had a 80% success rate in China. But in the U.S. pilot study, according to a WNDU.com report out of Indiana, only 12 children have had the surgery and that saw mixed results, with more than half of the children improving but the others showing no significant change.
If the surgery does work, it can lead to excellent results. For one thing, no catheter. Catheters can be an uncomfortable nuisance for a child and a major source of worry for parents. For one, if the catheter comes out, a hospital visit is required to reinsert it. The area around the catheter needs constant cleaning and, on young children, parents need to check the catheter every hour for problems such as loops or kinks in the tubing. The contents of the catheter also need to be emptied twice a day. A successful Xiao procedure would potentially raise the child’s and the parents’ quality of life substantially.
Right now, the Xiao Procedure, which costs about $50,000, is not standard practice in the United States, therefore it is not covered under medical insurance. The Beaumont Hospital study seeks to change all that by proving within the US that it works.
Side effects of the Xiao Procedure include weakness to the lower extremity on the operative side, and, if the child walks, that function could be impaired for a short time and require therapy to fully regain. The surgery is also conducted with the patient under general anesthesia, and possible complications from general anesthesia include blood clots, heart attack, stroke, pneumonia and death.
This new technique, still in testing in the United States, could significantly raise the quality of life for injured children and their parents. We here at the MLN Law blog will continue to keep an eye out on further news about this procedure and update our readers here.
Labels: spine injury
Well, for lucky Georgia children in more than 100 school districts, school lunch continues like business as usual because their districts participate in the Seamless Summer program.
With Seamless Summer, children can have access to school meals while at summer school or summer camp, and sometimes, they even have access to meals if they are not attending summer school. That’s the case in Fulton County, where children 18 and under can just pop into one of 15 summer school locations and eat a school lunch with no questions asked.
“This helps them to stay healthy so they can come back to the school ready to learn,” said Susan Hale, a Fulton County Schools spokeswoman.
Some school districts recognize that low income children can’t always make it to school for their free meal. So instead, they serve free lunches as the Walton Village apartments.
The Seamless Summer program fills an all too real need among Georgia students. According to information gleaned from the Georgia Census, about 18% of Georgia children under 18 live in poverty. To put that in perspective, that’s almost 1 in 5. For some children, a summer school lunch could quite possibly be their only nutritious meal of the day. And hunger over the summer has been shown to have detrimental effects when it comes to returning to school in the Fall.
While 100 school districts (including military schools) around the state offer the programs, only Metro Atlanta districts located in Fulton, Clayton, Cherokee, DeKalb, Douglas and Marietta are in on Seamless Summer.
The program is administered by the U.S. Department of Agriculture, which reimburses schools for meal expenses incurred when operating summer school lunch programs.
Facts on Seamless Summer Meals (courtesy of the Atlanta Journal Constitution)
Seamless Summer meals served statewide in 2008:
• 1.38 million breakfasts
• 2.27 million lunches
• 247,636 snacks
• Seamless Summer meals served in metro Atlanta’s participating districts: 61, 262
• Current Seamless Summer participants: 2,038
It’s an economically stressful time right now and some families are worrying not just about the mortgage but about putting food on the table. If you or a family you know could benefit from one of Georgia’s Seamless Summer programs, or if you simply wish to bring Seamless Summer to your area, please visit the USDA’s summer school lunch programs website or contact the state nutrition office at 404-651-9085 for more information.
Labels: child safety, Georgia
Construction workers were pouring concrete for an elevated walkway when the structure suddenly collapsed, sending workers tumbling at least 30 feet to land on a damp hillside. The fatality was 66-year-old Angel Chupin, a concrete worker employed by SDC, a Kennesaw construction company. Chupin was survived by a wife and eleven children. According to Chupin’s son Raul, his father had concerns about the scaffolding he was working on, stating that it should have been 6 feet, and not 12 feet, apart.
Chupin knew what he was talking about. The dangerous scaffolding came up again in an investigation by the Occupational Safety and Health Administration (OSHA). OSHA reported that four of 16 towers used in laying the concrete were too far apart and insufficiently anchored.
The accident led OSHA last week to fine three of the companies involved in the accident. Hardin Construction Company of Atlanta was fined $6,300 for their involvement in the accident. Southeast Access of Kennesaw was fined $4,900 for failure to properly inspect the towers, and Williams Erection Company of Smyrna received the largest fine, $15,050 for building the towers too tall and failing to properly brace them. The towers ranged in height from 5 feet to 35 feet.
However, at least two of the construction companies are appealing the fines. A spokesman for Hardin Construction cited the company’s exemplary safety record when commenting to the Atlanta Journal Constitution on the appeal. An earlier AJC article, though, found several instances where Hardin had been cited for multiple previous safety violations carrying thousands of dollars in fines. One of Hardin’s subcontractors, Pioneer Concrete, had also lost a man on the job before and in a later lawsuit, admitted its sole negligence in the death.
Hardin Construction and Williams Erection are both planning to appeal the fines. Federal law gives them 15 days to do so. There was no word yet from Southeast Access about whether they planned to follow suit and appeal the findings as well.
Meanwhile, the Atlanta Botanical Garden is going ahead with the plans for a “Canopy Walk” – the original exhibit the construction workers were working on at the time of the collapse. Construction on the exhibit is slated to begin again late this summer with an expected opening date of 2010. The Botanical Garden plans also to dedicate a private garden to the workers and their families at the same time.
If you have been injured on the job, you have legal rights. Click here for our Worker’s Compensation page and to read further about your rights under Georgia’s Worker Compensation Laws. If you have been injured, call MLN Law at (404) 531-9700 for caring, aggressive legal representation.
Labels: worker's compensation, workers compensation
Last year a new federal law took effect that requires all public pools and hot tubs to meet a new safety standard when it comes to the suction generated by their drains. Some Metro Atlanta operators are having trouble complying. One Rockdale County public pool is closed and the Georgia Department of Natural Resources has had to close at least six pools because they simply do not have the funds to update the pool’s older drains. Apartment complexes, subdivisions, and swimming clubs are all subject to the new law, though because there is no central clearinghouse for information it is unknown how many Georgia pools are closed altogether. For some Georgians, a refreshing swim is being sacrificed for safety, at least for the near future.
Angry that your pool is closed? Read on and you may change your mind.
The “Virginia Graeme Baker Pool and Spa Safety Act” stems from a tragic incident that occurred back in 2002. Seven-year-old Virginia Baker, the granddaughter of former Secretary of State James Baker III, dove into a hot tub and was sucked under the water by a powerful drain. It took two men to break the drain’s grating and get her to the surface, but they were too late. Pool-safety lobbyists cited the Baker tragedy when promoting the new act, and in late 2007 Georgia W. Bush signed the bill into law.
Compliance with the new law will significantly increase the safety of pool drains. Operators will be required to replace typical drain covers with grates that lessen drain’s dangerous suction. Other pools may be required to make other changes, such as the expensive process of lowering sump pumps into a pool’s floor to reduce suction, a process that can cost pool operators thousands of dollars but will ultimately save lives.
Other modifications include covers that prevent long hair from getting caught in drains. The Consumer Product Safety Commission (CPSC) reported several incidents of hair getting caught in drains and causing the bathers head to be held underwater. These new drain covers would prevent such horrific accidents in the places where they are the most likely to occur – hot tubs.
Are you concerned about pool safety in your area? Ask your pool operator if their pool is in compliance with the Virginia Graeme Baker Pool and Spa Safety Act. Pools with the proper grated drain cover will bear a seal of approval bearing witness that they meet the new standards.
Is your pool still open? Stay safe this summer with these water safety tips for the whole family.
Georgians, have you noticed any closed swimming pools in your area? Let other readers know in the comments.
Labels: child safety, swimming pool safety, water safety
A study completed last year at the University of Wisconsin-Milwaukee (UWM) suggests that drunk driving fatalities increase following the enactment of smoking bans. The results of this study appeared in the June 2008 issue of the Journal of Public Economics as well as the May issue of The Economist.
Researchers hypothesize that smokers are willing to drive longer distances to establishments that allow smoking. Professor Scott Adams explains, “Like they would to buy fireworks, lotto tickets or, in some cases, alcohol, people will often go to a neighboring jurisdiction that doesn’t have a ban.”
With smokers driving across town or out of town to visit establishments where smoking is allowed, the chances of them having an auto accident increase. However, Adams believes that the positive health effects of smoking bans still outweigh the negative. A preliminary study suggests that smoking bans are associated with evidence of a reduction in heart disease.
Professor Adams says that the best solution would be a universal smoking ban in public establishments. This would eliminate the risk of smokers driving long distances to avoid individual bans.
“I view economics very much as a social science – the costs associated with people’s behavior,” said Adams, who specializes in health and labor economics. “Public economists are concerned with the externalities and whether what affects you also has an impact on others – without those costs being accounted for.”
In Georgia, smoking has been banned in restaurants but not in bars.
Would a universal smoking ban in Georgia reduce the number of drunk driving fatalities? What do you think? We’d love to hear your comments.
A universal smoking ban would certainly cut down on health problems and deaths caused by second-hand smoke.
When intoxicated drivers get behind the wheel, they put many people at risk of serious injury or death. In Georgia, bars and restaurants may also be held responsible for drunk driving accidents if they serve someone who is underage or visibly intoxicated.
At MLN Law, we aggressively pursue claims against drunk drivers. If you’ve been injured by a drunk driver, or if you’ve lost a loved one because of a drunk driver, we’ll explore all options for recovery. You may be able to sue the bar, restaurant, or liquor store that served the drunk driver. You may also be able to sue the drunk driver for punitive damages as well as negligence. Punitive damages exist as a way of punishing drunk drivers for their reckless behavior.
If you or a loved one has been the victim of an irresponsible drunk driver, contact us immediately. Prompt action must be taken to investigate the accident, preserve evidence, and evaluate damages and injuries.
Call MLN Law at (404) 531-9700 to schedule your free consultation. You can call 24 hours a day. If we’re not in the office, leave a message with your contact information. When it comes to drunk driving, we will do everything in our power to punish reckless behavior and make sure you get the compensation you deserve.
Labels: car crashes, car wreck, drunk driver, drunk driving, DUI
1.) Take the time to really examine your home from your child’s point of view. If you have small children, get on your hand and knees on the floor and examine everything you can reach (Thanks to @Naanad, a @mlnlaw friend from Twitter, for this tip!)
2.) Make sure that any second-hand equipment has not been recalled. This goes even if you are using the same car seat, stroller, etc. that you used for an older child. It’s easy to miss recall notifications.
3.) Keep the phone number to your family physician, the hospital, and poison control (1-800-222-1222) in a conspicuous place. Be sure to share this information with babysitters.
4.) Invest in baby gates for stairs and off limits room and guards for windows. A window may look high but remember that children can be persistent when something attracts their attention.
5.) Cover all electrical outlets.
6.) Cover sharp corners with edge covers.
7.) Be careful with breakables. Move them out of the child’s reach or put them away altogether until your child has grown a little.
8.) Use nonskid backing on rugs. Young crawlers and toddlers tend to slip on unstable surfaces.
9.) The strings and loops from blinds can be an asphyxiation hazard. Tie them up high so that they are out of reach of small hands.
10.) Keep your child away from the stove, the dishwasher, the dryer and other hot areas. Turn pot and pan handles inward.
11.) Test all of your appliances, tables and other pieces of furniture. Some may be less steady than they look and could tip when a toddler tries to pull himself up.
12.) Set the hot water heater to a maximum of 120 degrees Fahrenheit to prevent scalds. Curious children can manipulate hot water handles without you realizing it.
13.) Use childproof locks or doorknob covers on exterior doors.
14.) Never leave liquid deeper than two inches available to your child. This may mean going so far as installing a toilet lock for young children.
Also, learn to think diligently and creatively. You may have the safest house in the world but one small change, such as washing a set of knives in the dishwasher, could lead to an unsafe behavior. Children are way more curious about the world than we are and will try everything they can to examine an object that interests them.
While child proofing is not the most fun part of being a parent, it your job as a parent to be cannier than they are and find danger before it finds your children.
Did I leave anything out? Please feel free to add your tips or even child safety product recommendations in the comments.
Labels: child proofing, child safety
In general, larger vehicles have larger blind spots. Tractor trailer blind spots can contain entire vehicles. That’s why many trucks have warning stickers that read “If you can’t see my mirrors, I can’t see you.” A tractor trailer truck driver also sits high off the road, which limits vision further. Fisheye mirrors can bring blind spots into view, but they also distort distances.
The blind spots for large trucks are sometimes referred to as “no zone” areas - and, as another driver, you want to stay out of these areas. Tractor trailers have blind spots in the rear of the truck, the front of the truck, and the side of the truck. If a car is in one of the no zones, the drive usually cannot see it at all. Many tractor trailer accidents are caused by truck drivers changing lanes and collided with a car in a no zone. When you’re driving on the highway, try to minimize your time driving beside tractor trailers; it’s better to pass quickly or stay behind them. Limit your time in the no zones to just a few seconds for passing. Always keep a safe distance between your vehicle and large trucks. Don’t follow too closely, and don’t let a tractor trailer follow you too closely. Be a defensive driver.
Before you pass a tractor trailer, make sure that the truck’s turn signal is not on. Also wait and couple of seconds and make sure that the truck is not slowly drifting into your lane. Don’t assume that the truck driver can see you.
When you pass a tractor trailer on the highway, make sure that you get far ahead of the truck before getting back in the right-hand lane. Cars that quickly cut in front of large trucks often cause truck drivers to instinctively slam on the brakes, which could endanger all surrounding vehicles. This kind of thoughtless behavior causes accidents. If the trailer’s load is not properly secured, for instance, hitting the breaks can cause a shift in weight and topple the entire trailer.
Next time you find yourself cruising down the highway beside a large truck, remember that tractor trailers command deadly force. Stay out of the no zones, and you’ll greatly reduce your changes of being in a tractor trailer accident.
Also be on the lookout for tractor trailers making right turns. The “right turn squeeze” is another common cause of tractor trailer accidents. When large trucks make sharp right turns, they must swing the truck to the left to negotiate the turn. If your car is to the left of the truck, there’s a good chance that the truck will cross over into your lane while make the turn. This can confuse other motorists, and sometimes large trucks wind up squeezing cars out of their lanes and into other vehicles or walls. Watch for turn signals, and try to anticipate the truck driver’s move. Never try to squeeze past a truck when it’s making a turn. Just be patient and stay behind the truck. Otherwise, you’ll end up in a no zone, and that’s a dangerous place to be.
Finally, avoid getting sandwiched between two large trucks - with one in front of you and one behind you. Many times, neither truck driver will be able to see your car. If the truck driver in front of you hits the brakes, or if you hit the brakes . . . well, you can image what happens.
In 86 percent of tractor trailer fatalities, the people killed are not occupants of the truck. In most cases, they’re other motorists. Defensive driving will reduce your changes of being in a tractor trailer wreck, but it won’t always prevent an accident.
If you’ve been injured in a tractor trailer accident, or if you’ve lost a loved one due to a negligent truck driver or trucking company, call MLN Law at (404) 531-9700 to schedule your free consultation. Call now; the longer you wait, the weaker your case becomes.
Labels: auto accident, avoiding car accidents, tractor trailer, truck accident, truck wreck, trucking
But child safety is not, of course, limited to our preteens. From the time children become toddlers they are naturally curious about the world around them and begin to explore. Whenever you become jaded or have a bad day, look at the world through a child’s eyes – everything is new, different and exciting. A child does not have the context to know what might happen next, and of course, they are curious about the outcomes of trying new things. Unfortunately, those outcomes can include getting burned by a hot stove or stung by that strange buzzing creature that has been flying around your head.
That’s why it is also vital to put yourself in your child’s shoes when it comes to matters of child safety in the home.
If you have a new baby, it’s important to child proof your home before that child is old enough to explore and find trouble. And believe me, as a father I know that children are capable of antics that I never would have dreamed possible.
To start, get down on all fours, at your child’s level, and explore every room in your house. Yes, it sound silly, but no one but your family will be there to see you and this exercise could mean the difference between a healthy, happy child and an injured one.
And don’t forget that children are crafty. Never dismiss a space or a room simply with “No, she could never get there!” because the space seems too unreachable or you have a baby gate. Accidents happen and sometimes people are careless with the baby gate. Wouldn’t you rather be safe than sorry? It’s a sad fact that 2.5 million per year are killed or injured by products found in their own homes.
Also, no matter how safe your own home is, it’s also important to ensure your child’s other environments are safe. Do you routinely drop him or her off at a babysitter or take him to a daycare? It’s your right as a parent to inquire about child safety measures that have been taken on the premises. Again, it may sound pushy, but do you want to endanger your child’s safety simply to spare a care giver’s feelings?
Speaking up and getting vocal when it comes to child safety concerns does not only keep your child safe, it may advocate the importance of safe practices to others. You’d be appalled if you went to a restaurant and saw a roach crawling across your silverware. Be just as appalled when you take your child to a caregiver and see exposed corners or unprotected stairs.
Stay tuned tomorrow for a list of tips for properly child proofing your home.
Labels: child proofing, child safety
Constantine Toncz, 39, was granted a $46,000 cash bond by a Gwinnett County Magistrate Court judge.
According to relatives, the victim, 25-year-old Sabrina Stanek, was hit by a speeding vehicle after she walked outside to flag down the driver. She wanted the driver to slow down because she was trying to protect her children from the speeding vehicle in her Lawrenceville neighborhood. While Stanek was standing at the curb in front of her house, the driver lost control of his vehicle while driving around a sharp curve. The vehicle hit Stanek and then hit her boyfriend’s parked truck.
The driver did not stop to try and help Stanek. He abandoned his truck and walked to a family member’s house down the street. Police arrested Toncz at the same house later that night and charged him with vehicular homicide.
Toncz, a construction worker from Romania, had been arrested three other times in Gwinnett County since 1993, and he was out of jail on bond for felony theft when the accident occurred.
Stanek’s father, Mark Stanek, said that his daughter was an “awesome mom.” The grieving father also said, “The father in me says let me shoot him or let me run him over, but the Christian in me says two wrongs don’t make a right.”
Stanek’s parents are filing for custody of her children, ages 4 and 6.
Neighbors are not surprised that Stanek was trying to protect her children by slowing down a speeding driver. They said that speeding cars are a constant problem on Belmont Lane in the Village Gate subdivision.
Neighbor Christy Hill, 31, lives across the street from the Stanek residence and said that she no longer feels safe walking in the neighborhood. There are no speed bumps, and police officers are a rare sight, she said.
Hill also said, “She came out to tell him to stop speeding before he hit and killed someone, and then he hit and killed her. This has got to stop.”
Unfortunately, drunk driving fatalities won’t stop. Thousands of people die in alcohol-related auto accidents each year. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accounts for over 30 percent of all traffic fatalities, and an alcohol-related crash kills someone every 40 minutes in the United States.
If you’ve lost a loved one because of a drunk driver, or if you’ve been injured by a drunk driver, contact an experienced attorney as soon as possible. At MLN Law, we aggressively pursue claims against drunk drivers as well as the bars, nightclubs, restaurants, and liquor stores that improperly serve them.
The justice system cannot heal the injured or bring a loved one back to life, but it can provide a means of recovery for victims. If you are a victim, you can sue a drunk driver for negligence and also seek punitive damages. Punitive damages exist to punish irresponsible behavior like driving under the influence or hit-and-run behavior such as the alleged behavior exhibited by Toncz.
If you’ve been the victim of a drunk driver, call MLN Law at (404) 531-9700 to schedule your free consultation.
Labels: drunk driver, drunk driving, DUI, Gwinnett County
Just yesterday, Starbucks Corporation issued a notice recalling some 530,000 coffee grinders. The Chinese-made Starbucks Barista Blade Grinders and Seattle's Best Coffee Blade Grinders apparently sometimes turn on and off unexpectedly. This has caused lacerations and scalds to owners of the products. Click here for a picture of the Barista Blade Grinder and, if you bought one of these grinders between March 2002 and March 2009, be sure to return it to Starbucks for a replacement grinder that does not attack you as you try to clean it.
This past week’s other recall was issued by the Torres Hillsdale Country Cheese LLC. This Michigan-based company recalled several of its soft Mexican-style cheeses after the FDA tested them and found them contaminated. If you live in Illinois, Indiana, Michigan, Georgia, Tennessee, Kentucky, North Carolina, South Carolina, Ohio and Wisconsin, check your refrigerator. If you find a cheese labeled “Aguas Calientes,” return it to the Torres Hillsdale Country Cheese company no matter the expiration date:
• Queso Asadero, 12 oz and 10 lb ball
• Queso Oaxaca, 10 lb ball
• Queso Fresco, 1 lb and 8 oz.
• Queso Requeson, 1 gallon pail and 3 gallon pail
• Morral Adobera, 3 lb packages
Another recall has been on Georgian’s minds in the past few months. What’s the Peanut State to do when there is a peanut recall? Lynchburg, VA-based Peanut Corporation went bankrupt after the FDA found that products made from peanutbutter manufactured in its Blakely, Georgia plant were tainted with salmonella. At least 450 people were poisoned and 5 died at the apex of the tragedy.
And then of course, there is the Taco Bell lettuce recall, and the tomato recall, and the Natural Selections spinach recall. Of particular note to pet owners was the recall of Ol’ Roy dog food products from Wal-Marts around the country. In this largest pet food recall in history, it was discovered that Ol’ Roy products were made with a type of Chinese wheat gluten that had been mixed with chemicals used to make plastics and other industrial products.
The type of law that covers product recalls is product liability law. There are three major types of product liability law – failure to warn (as in the case of the Florida widow who took on big tobacco), design defect and manufacturing defect. The recalls we discussed today fall into the latter two categories. While it is doubtful that Starbucks, Torres Hillsdale County Cheese and Peanut Corp. mean to harm their customers, they allowed a manufacturing or design defect into their products that sometimes led to tragic results.
Have you or someone you love been affected by a faulty product? You may have legal recourse. For a thorough investigation and caring, aggressive representation, call MLN Law at (404) 531-9700 for more information.
Labels: product liability, product recall
Georgia sees a great deal of tractor trailer traffic and thus many large truck accidents. Following are Georgia tractor trailer accident statistics:
Georgia Fatal Truck Accidents per year: 200+
Georgia Non-Fatal Truck Accidents per year: 5,200+
Georgia Truck Accident Locations: 57% rural, 33% urban
Georgia’s Largest Trucking Companies:
- B-H Transfer Co.
- Colonial Cartage Corporation
- Energy Dispatch, LLC
- Hills Transport, Inc.
- Howard Sheppard, Inc.
- Kennesaw Transportation, Inc.
- Nationwide Southeast, Inc.
- Southern AG Carriers, Inc.
- Southern Freight, Inc.
- Transus Intermodal, LLC
50% of the tractor trailer accidents in Georgia involve out-of-state carrier companies.
In the United States as a whole, there are around 500,000 annual trucking accidents, and approximately 5,000 of them result in fatalities.
68% of fatal accidents occur in rural areas; 66% occur during the daytime; and 78% occur on weekdays.
27% of all tractor trailer drivers in accidents had at least one previous speeding conviction.
From 1992 to 2002, the number of tractor trailers involved in fatal wrecks increased by 10%. Each year, about 700 tractor trailer truck drivers an passengers in the truck cab die, compared to about 4,000 passengers of other vehicles involved in collisions with big rigs.
1 out of 3 trucks fail roadside inspections.
Speeding was a factor in 22% of fatal crashes involving a large truck.
Driver fatigue causes 30% to 40% of truck accidents.
19% of truck drivers admit that they’ve fallen asleep at the wheel in the previous month.
64% of truck drivers admit to falsifying hours in their service logs.
There are 3.5 million truck drivers operating 1.9 million tractor trailers.
There are over 360,000 trucking companies in the U.S.
Tractor trailer drivers must abide by many federal and state regulations. The federal regulations may be found in the Federal Motor Carrier Safety Regulations (49 C.F.R. §§ 350-399), which govern all interstate traffic. The Federal Motor Carrier Safety Regulations are extensive and often confusing.
If you’ve been injured in a tractor trailer wreck, or if you’ve lost a loved one, you must find an experienced attorney who is familiar with the Federal Motor Carrier Safety Regulations. Your attorney should also have the time, interest, and resources necessary to take on your case.
MLN Law provides caring, aggressive representation for victims of large truck accidents. We’ll explore all options to get you the compensation you deserve.
You should hire an attorney immediately so that he can begin to secure evidence. The trucking companies will have “go teams” at the scene of the accident within hours. Often times, evidence can disappear or become lost if your attorney does not act quickly.
To schedule your free consultation, call MLN Law at (404) 531-9700. The longer you wait, the weaker your case becomes. Call now, and let us go to work for you. We’ll stand up to the insurance companies and trucking companies to make sure you get fair compensation.
Labels: truck accident, truck wreck, trucking
Susie Kessler, of Kennesaw, got the idea for the magnets when her son, Donne, began learning to drive in Atlanta’s hectic traffic. Kessler’s other children had learned to drive on less crowded Ohio roads and Kessler, rightfully, worried about her child’s safety. That was when she and some friends decided to start the Caution and Courtesy Driver Alliance. The campaign, which began in 2007, has distributed about 15,000 magnets, which cost less than $10, so far.
These magnets are a step in the right direction. According to the National Highway Traffic Safety Administration, auto accidents are the leading cause of death for teenagers aged 16-20. That averages out to about 5,000 children per year. That’s almost 14 per day. If that wasn’t bad enough, 300,000 additional teens are injured every year. And Kessler was right to be concerned about her son Donne’s safety on the road. Twice as many teenage boys as teenage girls die in auto accidents.
The magnet, 4 by 8 inches, is highly visible and can be seen here. According to Kessler and a bevy of satisfied parents on her website, the magnets caution other drivers to avoid tailgating or other aggressive behavior that may be just too much for a new driver to handle.
The “Caution – Newly Licensed” magnets also caught the attention of state Senator Chip Rogers (R-Woodstock), who told the AJC he’s considering writing a bill requiring all new teen drivers to brandish the stickers on their cars. The law would possibly cover all first year drivers as well as those with learner’s permits. It sounds like a good idea, but historically teen driving laws have not fared well in the Georgia legislature. Last year a bill to ban teen drivers from using cell phones while driving failed to pass.
Visit the Caution and Courtesy Driver Alliance site to order a magnet for your teen’s car. Be sure to visit the NewlyLicensed.org comments page for feedback from satisfied parents, teens and drivers.
As for the teens themselves, Kessler’s son, at least, thinks that the magnet is doing its job.
“In driver’s education we learned about the ‘space cushion’ that should be between cars,” he told the AJC. “When you have the magnet on, you automatically have that.”
There’s probably no better testament to the efficacy of the magnets than that.
How about you? Are you contemplating buying a “Caution – Newly Licensed” magnet for your teenager? Or do you already have one? Have you seen them around town and “backed off”? We’d love to hear your story in the comments.
Labels: auto accident, teen drivers, teenagers
On Saturday night at 11:50 pm, a white SUV on I-285 Northbound at I-20 lost control, rear-ended another car, slid down an embankment, and came to a stop lodged between two trees. Captain Eric Jackson of the DeKalb Country Fire Department reported that the driver of the SUV, 30-year-old Nathaniel Jones, died at the scene.
The driver of the other vehicle, whose name was not released, went to a local hospital with non-life-threatening injuries.
About four hours later, two more people died in another wreck on I-285 Southbound at the ramp to I-20 East, reported DeKalb County Police spokesperson Mekka Parish. Police believe that the driver of a gold Acura was speeding when he lost control of the vehicle while trying to exit. The car crashed into a concrete barrier before sliding down the embankment.
Thanomsy Champasouk, 33, and Somkhith Chanthakhinh, 30, died at the scene. The two passengers in the back seat, whose names and conditions were not released, were taken to a local hospital with injuries.
Parish said that alcohol and excessive speed were factors in both accidents.
Innocent victims are killed and injured in alcohol-related accidents every day. If you’ve been injured, or if you’ve suffered the loss of a loved one by a drunk driver, you deserve just compensation.
Drunk drivers, however, don’t always have insurance to cover your medical expenses, pain, suffering, loss of income, and other damages. At MLN Law, we provide caring, aggressive representation to victims of drunk driver accidents. We will hold the guilty party accountable and make sure that you get the compensation you deserve.
Bar owners and liquor stores may also be held accountable for your injuries. Georgia’s Dram Shop Act makes clear that a bar, tavern, restaurant, or other business may be held responsible for injuries caused by a drunk driver if they “knowingly sell, furnish or serve alcoholic beverages to a person who is in a noticeable state of intoxication, knowing that such person will soon be driving a motor vehicle.”
The business or person who served alcohol to the drunk driver may be at fault, and you may be entitled to recover damages from them. It depends on the specific facts in your case.
Drunk commercial vehicle drivers have a different standard. In Georgia, it’s illegal to drive a commercial vehicle with a blood alcohol content over 0.04 (compared to non-commercial drivers at 0.08). In commercial cases, the driver and the trucking company may be held accountable. In fact, in commercial truck accident lawsuits, several companies may be held accountable, as one company may own the tractor, another company may own the trailer, and yet another company may employ the truck driver.
At MLN Law, we will investigate all possible sources of compensation for injuries caused by alcohol-related auto accidents.
If you were injured by a drunk driver, or if you lost a loved one, call MLN Law at (404) 531-9700 to schedule your free consultation. We must act promptly to collect evidence and investigate the accident. Call (404) 531-9700 now.
Labels: alcohol, Atlanta injury lawyer, auto accident, drunk driver, drunk driving, DUI
Concerned about safety on the train, Matthew Jones, a regular MARTA commuter, snapped the photo on his cell phone. According to Johnson, he thought he saw the driver texting as he entered the train and so he decided to sit in a spot on the train where he could view the driver. Jones told the Atlanta Journal Constitution that he had noticed a MARTA operator reading a book a few months earlier and wished that he had said something at the time.
“When I saw him pick up his phone again, I picked up my camera and waited for him to turn away, because he was definitely looking to see who was looking,” Jones told the AJC.
Andrea Coleman, spokesperson for MARTA, said the operator would be placed on administrative leave with pay until an investigation could be carried out, and MARTA later released a statement that “The safety and security of our patrons is MARTA’s first and foremost concern. Texting while operating a MARTA vehicle is against company policy… appropriate disciplinary actions will be taken upon the conclusion of the investigation.”
But with the photo evidence, is an investigation enough? This discovery comes on the heels of two mass transit accidents involving drivers distracted by texting. A Los Angeles Metrolink operator was texting last year and became so distracted that he allowed the train he was operating to run through a stop signal and crash into another train. The accident resulted in 25 deaths, including the driver himself, and injuries to 138 people.
Another incident, in Boston, was blamed on driving while texting. Forty nine people were injured in a trolley accident when one driver, who was sending a text message to his girlfriend, rear-ended a second trolley. As a result, both trolleys were derailed and passengers were tossed about the trolley’s carriages. None of the injuries were considered life threatening.
The MLN Law Blog recently explored driving while texting when it comes to teenagers. But it’s clear that adults are guilty of this behavior, too. Encourage your friends and loved ones to practice safe behavior when driving and refrain from driving while texting.
The “MARTA Operator Driving While Texting” story was just one example of the many news stories that are broken on Twitter every day. If you don’t follow MLN Law on Twitter, check us out at www.twitter.com/mlnlaw.
For more on this story
MARTA to probe texting report MARTA probes photo of train operator texting, Atlanta Journal Constitution
Labels: driving and texting, MARTA, reckless driving
If you’ve suffered a brain injury, you should learn the appropriate steps to take for a traumatic brain injury so that you can make a full recovery. Of course, you should seek medical assistance immediately. Some brain injuries require immediate neurosurgery. If you witness a brain injury, try to keep the victim warm to protect against shock. Do not move the victim, but place a cloth over any wounds that are bleeding badly.
Once the victim has been taken to the hospital, it’s time to consider legal action. That may be the last thing on your mind, but if another party is at fault, then you must act quickly to begin legal proceedings. The longer you wait, the weaker your case becomes. Contact an attorney as soon as possible.
An experienced traumatic brain injury attorney will see to it that the guilty party pays for damages, pain, and suffering. A traumatic brain injury will change your life, but it doesn’t have to be for the worse. Recovery from traumatic injury will be difficult, but it can also be a rewarding and enlightening experience.
Craig J. Phillips, traumatic brain injury survivor, explains how his injury built him up rather than keeping him down: “I am a traumatic brain injury survivor and a master's level rehabilitation counselor. I sustained an open skull fracture with right frontal lobe damage and remained in a coma for 3 weeks at the age of 10 in August of 1967. I underwent brain and skull surgery after waking from the coma. Follow-up cognitive and psyche / social testing revealed that I would not be able to succeed beyond high school.
“In 1967 Neurological Rehabilitation was not available to me, so I had to teach myself how to walk, talk, read, write and speak in complete sentences. I completed high school on time and went on to obtain both my undergraduate and graduate degrees.
“Through out my lifetime I developed strategies to overcome many obstacles and in so doing I have achieved far beyond all reasonable expectations. On February 6, 2007 at the encouragement of a friend I created Second Chance to Live... which presents topics in such a way to encourage, motivate and empower the reader to live life on life's terms. I believe our circumstances are not meant to keep us down, but to build us up.
“As a traumatic brain injury survivor, I speak from my experience, strength and hope. As a professional, I provide information to encourage, motivate and empower both disabled and non-disabled individuals to not give up on their process.”
Craig J. Phillips is living proof that you don’t have to give up hope after a devastating traumatic brain injury. Your life can be more rewarding than ever.
If you have questions about the legal aspects of traumatic brain injury, contact MLN Law at (404) 531-9700 now to schedule your free consultation. Don’t delay; your attorney must move quickly to preserve and collect evidence.
Labels: traumatic brain injury
Two years ago, cyclist Ryan Lipscomb of Madison, Wisconsin was saved by his bicycle helmet when a truck rolled over his head. "I didn't see it coming, but I sure felt it roll over my head. It feels really strange to have a truck run over your head,” said Lipscomb, in what had to be the understatement of his life.
Helmets are vital in war zones. Back in April, Purple Heart Recipient Staff Sgt. Matthew Harvey of the U.S. Army 4th Infantry Division talked about how his Kevlar helmet saved his life. The piece of equipment actually channeled a bullet around his head, saving him from what could have been a life-altering head injury.
Brinckman, Lipscomb and Harvey were all saved by helmets in unusual circumstances, but what about every day helmet use when performing routine activities like cycling?
Bicycle helmets have been shown to prevent 85% of cyclists' head injuries. They are legally required in most states, including Georgia.
According to the Bicycle Helmet Safety Institute (BHSI), there are over 700 cyclist deaths in the United States every year. Almost all of those are the result of a collision with a car or other motorized vehicle. Many more cyclists – men, women, and children – suffer serious injuries.
Here are a few tips about bicycle helmet safety courtesy of the BHSI:
• Have your child professionally fitted for a helmet. A good fit can mean the difference between a wounded head and merely wounded pride.
• Don’t worry about cost. Your child is worth it and discount helmets protect just as well as higher end helmets if correctly fitted. Be sure any helmet you buy has a sticker inside stating that it met the US Consumer Product Safety Commission standards.
• While all children (and adults, too) need to wear helmets, a toddler’s neck may not be strong enough to support the weight of a helmet. Never ride with a child less than one year old and, if in doubt about an older toddler, consult your pediatrician before taking a ride.
• Some children, especially around the 7th grade, resist wearing bicycle helmets because they think it makes them look “geeky” or out of place among less safe friends. Think of the alternative and enforce the rules.
• Always replace the helmet every time a child crashes. Though the damage may not be readily visible, helmets are less protective after a crash and continuing to wear a helmet that has protected your child’s head in an accident once could result in injury later down the road.
• Children suffering from head injuries as the result of a bicycle accident can have permanent personality changes, difficulty concentrating, difficulty learning, aggressiveness, headaches and balance problems.
Labels: bicycle, bicycle helmets
It was a horrible bus accident. The college baseball team’s charter bus fell off a highway bypass 30 feet above the ground. It was a
More than two dozen passengers were injured. The bus driver, unfamiliar with Atlanta, apparently caused the accident by confusing a left-lane exit ramp with the highway. He drove the bus through a stop sign and into a concrete barrier at full speed.
The force of the impact whipped the massive bus around, and some passengers were thrown onto the overpass at impact. Then the bus tumbled off the overpass and onto Interstate 75 below.
Kitty Higgins of the National Transportation Safety Board said that an inspection of the bus revealed no problems with the brakes, suspension, tires, or steering. She said that the driver probably misread or missed signs that marked the left-lane exit which separates from the high-occupancy vehicle (HOV) lane.
Large busses, like large tractor trailer trucks, are top heavy and can easily lose control and flip. With passengers onboard, they can also weigh nearly as much as some semi trucks.
School buses are not exempt from the danger. School bus accidents in Georgia happen all too often. Last year a school bus in Canton overturned, sending 11 students to the hospital. Luckily, no one was killed. The bus lost control after the driver overcompensated when the tires went off the pavement.
According to the National Highway Traffic Safety Administration, 1,536 people died in school bus accidents between 1996 and 2006.
Here are some more alarming statistics on school bus wrecks:
- Approximately 40 people die in school bus accident each year.
- In 72 percent of fatal school bus accidents, the victims are occupants of other vehicles.
- Approximately 57 percent of school bus wrecks involve another vehicle.
- Each year, nearly 24 million children ride a school bus, and 12,000 of them are injured in school bus accidents.
Still, many school buses do not have safety belts or restraints of any kind. Other motorists are even more likely to be injured in a school bus wreck.
Because buses are so large and heavy, accidents often result in serious injury and death. Bus accidents may be caused by dangerous roads, weather conditions, defective parts, improper maintenance, or driver negligence, among others.
If you’ve been injured in a bus accident as a passenger, another motorist, or a pedestrian, you may be able to file a personal injury claim against the bus company (whether it‘s public or private). Cases against public or government organizations can be very complex and have strict time limits.
If you’ve been injured in a bus accident, contact an experienced Georgia bus accident lawyer as soon as possible. Remember, you have a limited amount of time to file a case. Plus, the longer you wait, the harder it will be for your attorney to collect valuable evidence.
MLN Law has the legal experience and medical expertise you need. Through caring, aggressive representation, we will fight to get you the compensation you deserve. Call (404) 531-9700 now to schedule your free consultation. If you wait, you may jeopardize your case.
Labels: auto accident, bus wreck, Georgia personal injury
Eighteen-year-old Courtney Brinckman always stood out from the crowd in Michigan City. A 4.0 student and the class valedictorian, she was a four year track star and champion at pole vaulting.
"If there were ever the golden student, Courtney's the one," said Linda Meyer, a guidance counselor at Michigan City High School.
Courtney had been a special all her life, and accorded to friends and family, excelled at everything she tried. She was a gifted gymnast before switching to track and field in high school, and her name is one of many highlighted among Michigan City High School’s track record breakers.
In fact, the day of her tragic accident, Courtney had just finished breaking her own (and the school’s) pole vaulting record when, taking a practice attempt, she slipped, fell backwards, and hit her head. Some reports say that she landed directly on her head, but whatever the case may be, Courtney was rushed to the hospital.
At the hospital, Courtney was kept sedated and in a coma-like state in order to keep her brain from receiving too much stimulation. Her family and school friends worried that she would not get to graduate with her class, and perhaps not even take the full ride scholarship she had received to Indiana University in Bloomington.
"It's May, and she was so close to reaping all the benefits of her hard work that it was just really devastating for all of us," said Meyer.
Perhaps it was to be expected, but Courtney excelled at healing just like this smart and persistent teen excelled at everything else. Last Sunday, wearing a helmet to protect her still healing head injury, Courtney Brinckman graduated with her high school class.
Courtney’s brain had swelled after the accident, and doctors performed a procedure called a decompressive craniectomy that took off a section of her skull to counteract the swelling. At the graduation ceremony, part of Courtney’s brain was only protected by skin, hence the helmet. She also can’t smell or taste anything yet, but in an article on the WNDU television station’s website, Brinckman demonstrated some of the optimism that undeniably helped her through her ordeal:
"I'm thinking I've only been awake for three weeks now and I've made this much progress, I’m thinking in a couple of months I'll be just fine, back to my normal self.”
Courtney will undergo another surgery on June 24th in order to reattach part of her skull, and after that, the teen plans to take her University of Indiana scholarship and study pre-med, a fitting major, for someone who has benefitted so much from the miracles of medicine.
For more on this story
Michigan City high school student overcomes odds, walks in graduation, WNDU.com
Labels: traumatic brain injury
The traffic cam video above shows a tractor trailer truck tip over on the highway in Grand Rapids, Michigan. The high speed of the truck shifted its payload to one side of the trailer, causing the truck to topple. In this case, luckily, no one was injured; however, injuries caused by failure to properly load tractor trailers are all too common.
The video clip below shows that, even at slow speeds, an improperly loaded tractor trailer can easily rollover. In this video, the truck is traveling at 35mph and mimicking a ramp turn. Because it is improperly loaded, the truck topples in the turn.
A tractor trailer load must be properly loaded, balanced, and secured in order to prevent roll-overs and accidents. If the cargo is not properly loaded and secured, a shift of the load can cause even the heaviest trucks to roll over. Overload tractor trailers are in serious danger of flipping.
The Federal Motor Carrier Safety Regulations specify the maximum load of a truck, as well as how it must be secured so that the truck’s maneuverability and stability is not put at risk. A trucking company and its drivers should not operate a tractor trailer unless the truck’s load is properly distributed and secured according to federal specifications, and a trucking company's failure to comply with federal cargo requirements may constitute negligence and serve as the legal basis of a personal injury case against the company.
Driver behavior is the number one cause of tractor trailer accidents - and when poor driving is combined with an improperly secured load or overloaded trailer, then an accident resulting in serious injury is highly likely. Injuries caused by failure to properly load tractor trailer truckers may include disfigurement, lost limbs, traumatic brain injury, paralysis, and death.
If you or a loved one have been injured in a tractor trailer roll-over or semi truck accident, you need an experienced attorney who is familiar with the Federal Motor Carrier Safety Regulations. MLN Law has the experience you need, and we provide caring, aggressive representation to those who have been injured. Call (404) 531-9700 to schedule your free consultation.
Labels: Georgia personal injury lawyer, negligence, tractor trailer, truck accident, truck wreck, trucking
A Cherokee County graduating senior was gravely injured when he dove into the shallow end of a neighborhood swimming pool. Matt Blaylock, 18, was flown to the trauma ward at Grady Memorial Hospital following the accident, where he was at first listed as in critical condition but later upgraded to fair. Blaylock had been scheduled to attend graduation ceremonies the next day at Cherokee High School.
A spinal cord injury could be a devastating blow for Blaylock, who played football and basketball for Cherokee high and an all-Cherokee County selection at linebacker. A consummate athlete, he had won a football scholarship to Tusculum College in Greenville, Tennessee.
The sad fact is that, according to the Mayo Clinic, most spinal cord injury causes some loss of movement or even paralysis in the site below the injury. Spinal cord injury involving much of the body is called paraplegia or tetraplegia, while spinal cord injury involving only the lower body is called paraplegia.
Generally, the higher up along the spinal cord the injury occurs, the more likely the chance for paralysis. Spinal cord injuries are classified as “partial injuries” or “complete injuries” depending on the severity of the damage. With partial injuries, parts of the spinal cord are still functioning and able to send messages to the brain. People suffering partial spinal cord injuries may be able to feel sensations and motor functions below the site of the injury. A complete spinal cord injury results in total or near total loss of motor control below the site of the injury. Don’t be fooled by the connotations of the word “complete.” The spinal cord is almost never cut in half.
The difference between partial and complete spinal cord injuries is significant because people with partial spinal cord injuries are often able to recover some motor functions and sensation while those who suffered complete injuries are most often unable to make as significant progress.
That is not to say that treatment is not available and making new advances every day. Christopher Reeve, after his fall off a horse in 1995, advocated for victims of spinal cord injury and worked to increase awareness and promote research. With treatment, many people suffering from spinal cord injury are leading fulfilling, productive lives.
Blaylock is in good hands. After his stay at Grady, he was transferred to the Shepherd Center’s spinal cord injury unit. The Shepherd Center has a national reputation for superior care and Blaylock will receive excellent medical attention while he stays there.
If you are a loved one has experienced a spinal cord injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for caring, aggressive representation.
For more on this story
Cherokee High Senior in hospital following pool mishap, Atlanta Journal Constitution
Labels: Georgia, spine injury
The Large Truck Causation Study was the first of its kind to examine all pre-accident factors involved in commercial truck crashes. The study, in association with the National Highway Traffic Safety Administration, investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. The total sample of 967 crashes included 1,127 large trucks, 959 non-truck motor vehicles, 251 fatalities, and 1,408 injuries. Action or inaction by the driver of either the truck or other vehicle was the critical reason for 88 percent of the crashes.
"This study makes it clear that we need to spend more time addressing driver behavior, as well as making sure trucks and buses are fit for the road," FMCSA Administrator Annette M. Sandberg said. "The multitude of data now available will allow us to analyze specific areas of behavior and work with our industry and safety partners to develop an agenda on driver safety that will improve commercial motor vehicle driver performance."
Here are the Top 10 Causes of Trucking Accidents:
1. Prescription Drug Use - 26% - Prescription drugs can be just as dangerous as illegal drugs, especially when they’re affecting the reaction times of a semi truck driver.
2. Traveling Too Fast - 23% - Weighing up to 80,000 pounds, tractor trailer trucks become lethal weapons at high speeds.
3. Unfamiliar with Roadway - 22% - Truck rivers who are not familiar with local roads pose a risk to other drivers.
4. Over-the-Counter Drug Use - 18% - Over-the-counter drugs often cause drowsiness and delayed reaction times.
5. Improper Surveillance - 14% - Because of their enormous size, semi trucks can make surveillance difficult, but all drivers should be trained in proper surveillance and know how to check their blind spots.
6. Fatigue - 13% - Trucking companies often encourage drivers to continue working when fatigued.
7. Illegal Maneuver - 9% - When a tractor trailer changes lanes without signaling, there’s not much you can do about it.
8. Exterior Distraction - 8% - Truck drivers are trained to keep their eyes on the road at all times, but unfortunately, exterior distractions often cause wrecks.
9. Inadequate Evasive Action - 7% - Tractor trailers are so big that evasive action is often unsuccessful.
10. Aggressive Driving Behavior - 7% - Truck drivers who are in a hurry are much more likely to cause an accident.
Other common causes of tractor trailer accidents include talking or texting on cell phones and driving under the influence of illegal drugs or alcohol.
Common mechanical causes of truck accidents include brake problems, defective tires, improper loading or overloading of cargo, and skipped safety inspections.
If you’ve been injured in a truck accident, it’s imperative that you call an experienced attorney as soon as possible. MLN Law specializes in auto and truck accidents, and we can help you get the recovery you need. Call MLN Law at (404) 531-9700 to schedule your free consultation.
Labels: tractor trailer, traffic wreck, truck accident, truck wreck
Last week a 6-member jury awarded $30 million to a widow after her husband died of lung cancer due to smoking. According to the family's lawyer, Hilda Martin's husband Benny began smoking before warning labels on cigarette packs were required, and thus the tobacco company, R.J. Reynolds, was responsible for promoting an addictive product while hiding its dangers.
This case is significant because it is one of the first cases to be tried after the 2006 Florida Supreme Court ruling that held that smokers could not bring a class-action law suit against tobacco companies. If the ruling had gone otherwise, smokers and their survivors would have been allowed to proceed with a a massive suit against R.J. Reynolds, Phillip Morris, and others tobacco companies. The Florida Supreme Court ruling instead suggested that complainants proceed individually. The Martin case is only the 7th tobacco case so far to be tried since the 2006 ruling, and the only one that resulted in such a large verdict.
In a Bloomberg article, the R.J. Reynold’s lawyer, Mark Belasic, was quoted as saying “We think the jury verdict is an outlier. There have been six of these individual ‘Engle’ lawsuits and no one has been anywhere near this type of verdict.” (“Engle” is the name of the case that decided that smokers could sue individually. It also extended the time limit in which they could bring suit.)
Belasic’s words to the contrary, the success of other recent lawsuits suggests that the tides may be turning for big tobacco. The Bloomberg article also reported a recent “$8 million decision against Altria Group Inc.’s Philip Morris USA unit in February and a $700,000 verdict against Vector Group Ltd.’s Liggett Group unit last month.” (Liggett was the original defendant in the Engle case.) Apparently both companies plan to appeal. There is no word yet whether R.J. Reynolds plans to do the same, though it seems likely that the company will follow in its industry companion’s footsteps.
These tobacco lawsuits are product liability lawsuits. In product liability lawsuits, companies who are proven to have manufactured or sold goods that ended up harming someone are responsible for compensating them for injuries caused by that merchandise. Recent product liability lawsuits include the cases against pharmaceuticals like Avandia and Vioxx, and the cases against household products, such as defective Chinese drywall.
If you or someone you know has been injured or made ill as a result of using a defective product, you may have legal recourse. For a thorough investigation and caring, aggressive representation, call MLN Law at (404) 531-9700 for more information.
For more on this story
Jury awards $30 million to Pensacola widow in smoking suit, St. Petersburg Times
Labels: product liability
"If you put a 20-year-old driver behind the wheel with a cell phone, their reaction times are the same as a 70-year-old driver who is not using a cell phone," University of Utah psychology professor David Strayer told Live Science. "It's like instantly aging a large number of drivers.”
Strayer headed a university study that was published in the journal Human Factors (winter issue, 2005). According to the research, cell phone distraction causes 2,600 deaths and 330,000 injuries in the United States each year.
Strayer’s study found that:
- Drivers talking on cell phones are 18 percent slower in reacting to brake lights.
- Driver talking on cell phones also take 17 percent longer to regain speed after they brake.
"Once drivers on cell phones hit the brakes, it takes them longer to get back into the normal flow of traffic," Strayer said. "The net result is they are impeding the overall flow of traffic."
Strayer found that even hands-free cell phones distract drivers. The drivers may not be holding the phone, but they’re still distracted by the conversations. In a previous study, Strayer found that drivers talking on cell phones are even more impaired that drunk drivers with blood alcohol levels over 0.08.
A study conducted by the Insurance Institute for Highway Safety in Australia found that motorists using cell phones while driving are four times more likely to get into crashes serious enough to injure themselves or others. The study also found that the risk of injury was the same for hand-held phones and hands-free phones.
An April 2006 Naturalistic Driving study by Virginia Tech and the National Highway Traffic Safety Administration found that nearly 80 percent of auto accidents involve some form of driver inattention within three seconds of the accident. The most common distraction is cell phones, followed by drowsiness. Other distractions, such as lunging for a falling cup, might increase the risk for an accident even more; however, such distractions are not nearly as common as cell phone use.
As of today, six states (California, Connecticut, New Jersey, New York, Utah, and Washington) and the District of Columbia have laws that ban the use of hand-held cell phones while driving.
Driving while texting (DWT) is even more distracting and dangerous than talking on a cell phone. Alarmingly, one study conducted by an insurance company found that at least 20 percent of drivers are texting while driving. As of now, texting while driving has been banned in ten states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Utah, Virginia and Washington) and the District of Columbia.
Georgia has not yet placed any bans or restrictions on cell phone use behind the wheel. But even though it’s not illegal, distracted drivers (and companies that allow cell phone use in vehicles) can still be held accountable for accidents. In 2007, International Paper Company paid a $5.2 million settlement to a Georgia woman who was rear-ended by one of their employees talking on a company cell phone at the time of the wreck. In this case, the company actually had a policy requiring the use of hands-free cell phones while driving, and the employee was not following the policy, but the company agreed to pay the settlement anyway.
If you’re injured in an accident caused by someone who’s driving while texting, talking on a cell phone, or otherwise distracted, it’s important to talk to a lawyer as soon as possible so that your attorney can collect relevant evidence because it disappears. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Labels: auto accident, avoiding car accidents, cell phone, driving and texting, Georgia personal injury lawyer
So if the train operator is not at fault, why would a 17-year-old boy fail to move off of railroad tracks when a train is bearing down?
Headphones.
According to officials, a MP3 player with headphones was found at the scene of the accident, leading them to believe that the boy failed to hear the train because of the music blaring through his earbuds. The problem of teens becoming distracted by electronic devices such as iPods, cell phones and digital video games is not a new one, but it is one that is getting more attention now that almost all teenagers own portable electronics of some kind.
Atlanta Northside Family & Parenting Examiner, Jackie Kass, pointed out that the train tragedy in Statham came just a month after a new study conducted on teens at the University of Colorado at Boulder and the Children’s Hospital in Boston, reported that teenagers tend to engage in risky behavior when it comes to their digital players. For example, when teens were asked by parents to turn their digital music players down, they tended to hike the volume up instead. Interestingly, teens showed the same behavior even when asked by peers to turn the volume down.
Boys like Whitten were also found to be more likely to pump up the volume on their digital music players. Teenage boys have long been known for their love of loud music, but portable digital players pose a danger in that they lead to hearing loss more readily and that, as in the tragedy in Statham, they lead to dangerous situations where teens are unaware of their surroundings.
So why do teens continue to rock their earbuds when the results are potentially dangerous? It turns out that teenagers may be hardwired for risky behavior. According to a Temple University study, teens may know that their behaviors – loud music, driving while texting, drinking, smoking, and even drugs – are dangerous, yet they do it anyway simply because certain parts of their brain have not matured enough yet to make them realize the risk they may be taking.
The author of the study, Laurence Steinberg, PhD, said the findings of his study should not be read as if it is useless to continue educating teenagers on the dangers they may face, but he did suggest that giving them more structure instead of appealing to their still developing reason may be the best bet for ushering children thorough the teenage years.
Do you have a teenager who engages in risky behavior? Do you agree with Steinberg that structure is key or do you have another take on the situation? Leave your answer in the comments.
Labels: teenagers, teens and technology, train wreck
• In the United States, another person is killed or injured in a tractor trailer accident every 16 minutes.
• One to two percent of tractor trailer accidents result in a fatality.
• Perhaps, counter-intuitively, the majority of fatal truck accidents occur in rural areas (68 percent), during the daytime (66 percent), and on weekdays (78 percent).
• From 1992 to 2002, the number of semi trucks involved in fatal crashes increased by ten percent. Because of the way the trucking industry works, drivers are often continued to work while tired or operating defective equipment.
• Despite economic woes, the trucking industry continues to grow.Common mechanical defects that cause tractor trailer wrecks include bad tires or wheels, breaks, engines, or steering wheels.
• Approximately 27 percent of all tractor trailer truck drivers involved in fatal accidents had at least one prior speeding conviction.
• In one survey, 1 out of 5 truckers admitted to falling asleep at the wheel in the previous month.
• According to the Insurance Institute for Highway Safety, in accidents involving semi trucks and passenger vehicles, people in the passenger vehicles account for 98% of the fatalities.
• In Georgia, tractor trailers account for only 3% of the vehicles on the road, yet they account for 1 out of 8 auto accident fatalities.
If you or a loved one has been injured or killed in a tractor trailer accident, you should contact a lawyer immediately. Your attorney must act quickly to preserve and collect evidence. The sooner you hire an attorney, the better your case will be. In some cases, trucking companies will destroy important evidence if your lawyer cannot get to it first.
Large trucking companies have departments dedicated to denying claims and minimizing payouts. You’ll need an experienced attorney who’s not afraid to stand up to the big trucking companies and insurance companies.
As large trucking companies continue to grow, their loss minimization departments will grow stronger - and if current trends continue, they will continue to encourage truckers to drive while fatigued. Some studies suggest that fatigue plays a role in as many as half of all tractor trailer accidents.
Beginning in September 2007, the Department of Transportation adopted a rule stating that truck drivers can only drive for 10 consecutive hours, after which a lengthy restart period is required. Record keeping, however, is shoddy at best, and enforcement of this rule is lax. In surveys, the majority of drivers admit to falsifying their records. Some trucking companies will inevitably sidestep the law, making roadways more dangerous for us all.
Whether the accident was caused by a drowsy driver, driving too fast, mechanical defects, poor maintenance, or a poorly secured load, if the trucker or trucking company was at fault, MLN Law will fight to get you the compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
Labels: auto accident, Georgia personal injury lawyer, tractor trailer, truck wreck, trucking
Elva Dornbusch is the Chief Deputy Clerk of Cobb County Superior court, and if she called you during the past year, chances are you would have wanted to answer the phone. Dornbusch, you see, is handing out money. Victim restitution money, that is.
As it turns out, hundreds of thousands of dollars rightfully belonging to Cobb County crime victims had been languishing in a forgotten account until Dornbusch took on the task of contacting the victims and restoring their rightful cash. So far she has found about 4,100 past Cobb County residents who had no idea that their cases had provided monetary compensation. The search did not prove to be easy. With some cases going back to the 1980’s, by the time the criminal had the chance to pay restitution, people had moved on and businesses had closed. But, after finding old methods of tracking people ineffective, Dornbusch resourcefully turned to online databases and so far has managed to track down 80% of the money’s recipients.
According to Georgia law, if not claimed after five years, restitution money is to be deposited into a crime victim’s emergency fund administered by the Criminal Justice Coordinating Council (CJCC). Most of the money in the fund has so far been donated by probation offices, but according to the CJCC, some superior courts have also contributed. According to the law, money collected more than five years ago should automatically go into the fund, while money collected between 2-5 years ago is kept so that citizens who think they may have some unclaimed funds due can search for them through the Georgia Department of Revenue website.
In this time of economic uncertainty, many of Dornbusch’s Santa Claus stories had a happy ending. In the AJC article, she spoke of returning money to a truck driver just in time for him to take his 7-year-old daughter on her first vacation. In another instance, Dornbusch returned $700 to a minister who had been praying for a way to find $700 to repair his van.
Often our dealings with the courts are either full of tension or just a hassle. Unless visiting the courthouse is part of your job, how often do you go down to there except to deal with stressors like paying a ticket or waiting in line for a permit? It’s a welcome change to see that some former Cobb County residents received a happy surprise from the courthouse over the past year.
Could you have some unclaimed money? If you live in Georgia, check the Georgia Department of Revenue’s site for a simple web search. Other state’s Departments of Revenue have similar searches set up.
For more on this story
If you lived in Cobb, answer the phone, Atlanta Journal Constitution
At MLN Law, we see spinal cord injury victims as human beings and not simply legal cases. We understand that spinal cord injuries completely change lives, but we also know that the injuries can be overcome. If you’ve suffered a spinal cord injury, you don’t have to give up your hopes, dreams, and aspirations. You can still lead a rewarding, productive life. In fact, some of our most inspiring clients have been quadriplegics and paraplegics.
Dealing with a spinal cord injury, however, is not easy. It is one of the worst physical injuries one can sustain, and it can also take its toll on family members and bank accounts. By working with doctors, physical therapists, financial planners, and other experts, as well as countless spinal cord injury victims over the years, we have come to understand what it takes to overcome such an injury. It takes a lot - a lot of time, patience, rehabilitation, hard work, and money. If someone else is at fault for your injury, we can get you the compensation you need to get your life back on track.
We not only have trial experience, but we also have experience in dealing with insurance companies. While we have the confidence to go to trial and argue your case (and we handle each case as if we will go to trial), we know that a trial is not always the best option. Sometimes, an alterative resolution is the best option for our clients. We will look at all options and help you decide what’s best for you.
Not all personal injury attorneys understand the intricacies and complications of spinal cord injuries. We know how trying it can be to deal with not only weakness or paralysis but also associated problems like autonomic dysreflexia, muscle plasticity, pressures sores, and depression. Through caring, aggressive representation, we will work to get you the compensation and resources you need to overcome such problems and go on with your life.
If your spinal cord injury was caused by the negligence of an individual or organization, then the guilty party should be held accountable for all costs involved, including past and future medical bills and related expenses. Whether you were injured in a motorcycle accident, auto accident, tractor trailer accident, construction accident, or another type of accident, if a negligent party is a fault, we will help you recover the compensation you need to cover for medical bills, lost wages, and skilled, reliable long-term care.
You don’t have to face the mounting bills and unknown future alone. We can help. We will stand up against the insurance companies and protect your rights to get the recovery you deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation.
Labels: Georgia personal injury, Georgia personal injury law, Georgia personal injury lawyer, personal injury lawsuits, personal injury lawyer, serious injuries, spine, spine injury
4 Reasons to Do Your Homework before Purchasing Dietary Supplements
1.) Many Dietary Supplements Do Not Have to Be Approved by the FDA – Only the nation’s largest supplement companies are required to submit their product to the Food and Drug Administration for approval. Next month companies with more than 20 employees will have to open their products up to FDA inspection, but the smallest companies will still go unregulated.
2.) Not all Chemicals Present in Dietary Supplements are Listed on the Label – Without FDA oversight, supplements producers have no reason to list controversial or possibly harmful ingredients on their labels. Some products include unlisted drug ingredients that may react adversely with prescriptions. Others may include lead or other toxic substances. Most people are not chemists, and without some sort of independent testing, it is impossible for the average person to know what they are ingesting when they pop a dietary supplement.
3.) Many Dietary Supplement “Free Trials” are Anything but Free – A Woodstock woman was one of many people who fell prey to a scam perpetuated by an online supplement company. After opting in to a low-cost trial Shirley Lewis found that she had also signed on for periodic high fees charged to her credit card. Wouldn’t you want complete transparency from a company when you are entrusting them with your health?
4.) Dietary Supplements have Questionable Effectiveness – The AJC article quoted Bruce Silverglade, director of legal affairs for the Center for Science in the Public Interest as saying, “Nothing burns fat. Nothing makes you lose weight while you sleep. These are known false claims. The [federal] agencies have taken action against them, but only on a case-by-case basis.” And according to David Allison, director of the Clinical Nutrition Research Center at the University of Alabama at Birmingham, evidence of effectiveness is nowhere to be found when it comes to most supplements. He suggests those in the market for dietary supplements ask the companies to first share the results of randomized, double-blind, placebo-controlled studies done on humans before shelling out for a potentially worthless and perhaps even harmful product.
According to the American Dietetic Association (ADA), only a few groups need dietary supplements in order to maintain good health. So if you are not a pregnant woman, nursing mother, strict vegetarian, senior citizen or sufferer of a food allergy, think twice before supplementing your natural diet.
For more on this story
Dietary Supplements can Hurt Health, Wallet, Atlanta Journal Constitution
What is wrongful death?
“Wrongful death” is a claim against an individual or organization that can be held liable for an unnecessary death due to misconduct or negligence. Examples of wrongful deaths include deaths caused by drunk or reckless drivers, deaths caused by defective products, and deaths caused by a doctor’s misdiagnosis.
Who can file a wrongful death lawsuit?
Survivors of the victim, including parents, spouses, and children, may be eligible to file wrongful death lawsuits. Minors, however, will likely need an adult guardian in order to file suit. Sometimes, additional family members such as grandparents may be eligible to file wrongful death lawsuits.
In Georgia, a surviving spouse who sues for wrongful death must share the recovery equally with surviving children. In the case of a minor child, the child's share up to $15,000 may be held by the child's natural guardian without posting a bond. If the minor’s share of recovery is more than $15,000, a guardian of the child must be qualified in probate court, and a bond must be posted. If the probate court approves a structured settlement with annuity payments going to the child after attaining age 18, with the cash held by the child's natural guardian remaining less than $15,000, the bond requirement may be avoided.
In the case of no surviving spouse, the right to sue for wrongful death goes to surviving children. In the case of no surviving spouse or child, the decedent’s parents have the right to sue for wrongful death under Georgia law. When the parents are separated, the court can allocate any wrongful death recovery between them. In some cases, depending on relevant circumstances, one parent may be awarded the majority of the recovery.
What kind of financial compensation can be claimed in a wrongful death lawsuit?
If a wrongful death can be proven, survivors may be able to achieve recovery for:
- Medical costs
- Funeral costs
- Lost wages (including anticipated future earnings)
- Lost benefits
- Inheritance
- Pain and suffering
- Mental anguish
- Lost companionship
- Lost care or protection
- General and punitive damages
In Georgia, survivors may sue for the “full value of life,” which is determined by the jury. Unlike some other states, Georgia does not impose a limit on damages that can be awarded in a wrongful death case.
What is the statute of limitations for wrongful death in Georgia?
In Georgia, wrongful death lawsuits must be filed within two years of the date of the death. Once the statute of limitation expires, your claim will be denied. It’s important to speak with an experienced attorney as soon as possible.
Georgia has a complicated wrongful death statute that dates to pre Civil War times. Because of the antiquated, awkward language of the statute, it’s important to hire an attorney who is highly familiar with this statute and its potential interpretations.
If you’ve lost a loved one in a wrongful death, you may have mixed feelings about suing for recovery. Keep in mind that a wrongful death lawsuit is often the only way to penalize the party at fault for the death of your loved one. Consider what your loved one would want you to do.
If you have any further questions about wrongful death in Georgia, contact MLN Law at (404) 531-9700 to schedule your free consultation.
Labels: negligence, wrongful death
Atlanta’s crime problem was literally brought home to City Council President and Mayoral Candidate Lisa Borders last weekend. And it wasn’t the first time. Borders’ two homes, one in the Cascade neighborhood of Atlanta and, the one that was burglarized this weekend, a townhome in the Centennial Park area, have been burglarized three times in the past nine months.
A recent Atlanta Journal Constitution article framed the Borders break-ins with the larger context of Atlanta’s historic crime problems. According to the article, Atlanta has always had a higher crime rate than similar sized cities, and the past decade’s trend of urban gentrification has only contributed to the problem.
Further, a disturbing trend regarding the care of Atlanta’s injured former police officers recently emerged due to an investigative report conducted by local publication The Sunday Paper. In the story, “Badges, Bullets and Broken Promises,” reporter Stephanie Ramage detailed how, for the past few years, injured former police officers have found their necessary care delayed or denied to the point that they are suffering serious health repercussions. This video, released by the International Brotherhood of Police, brings the suffering home and raises even more serious questions about the City of Atlanta’s budget when it comes to public safety. Note minute 8. One former police officer actually urges current members of the force: “Don’t risk yourself. Don’t hurry up to go to calls. Don’t take unnecessary risks with the job.”
What happened next is even more surreal. In addressing the City Council regarding the injured officers’ treatment, Sgt. Scott Kreher, who is also president of the International Brotherhood of Police Officers, Local 623 made the ill-considered remark that, ““I want to beat [Franklin] in the head with a baseball bat sometimes when I think about [the delayed workers compensation claims].” Now Kreher is facing suspension and possible charges from Franklin, who stated she felt threatened by the remarks.
Controversy over the baseball bat remark aside, it is clear that Atlanta’s crime problem encompasses a tangled web of history, sociology, economics, politics and justice. Perhaps ATAC organizer Kyle Keyser summed it up best in the AJC article when he said, ““Every mayoral candidate is well aware of the crime problem… But what this speaks to is that violent crimes, like home invasions, have no boundaries for race, class or communities.”
For more on this story:
City issue turns personal, Atlanta Journal Constitution
David Perry Williams, age 39, died following the accident on State Route 57. He was driving a 1995 Chevrolet 1500 pickup truck.
Williams was driving behind a tractor trailer owned by Howard Sheppard Trucking and driven by Chad Howell, 43, who suffered neck injuries.
Georgia State Patrol Trooper Mark Bracewell said “the Sheppard track driver was slowing to make a left-hand turn” when Williams’ Chevrolet crashed into the rear of the trailer.
“Apparently Mr. Williams fell asleep and ran into the rear of the chalk truck,” said Bracewell.
Williams worked third-shift and had just gotten off work to go home. Bracewell believes that Williams must have fallen asleep because there were no skid marks or indiciations that Williams had tried to stop his truck before the collision.
Williams was pronounced dead at the Medical Center of Central Georgia in Macon. Bracewell said that Williams was not wearing a seat belt, but he’s not sure if a seat belt would have protected him because of the tremendous impact between the two trucks.
Because tractor trailer trucks are so massive, weighing up to 80,000 pounds, accidents often cause massive injury or death. Tractor trailers comprise just 3% of vehicles on the road yet are involved in 21% of the fatal accidents.
In this case, it was the other driver who fell asleep, but all too often, tractor trailer drivers are forced to work on little sleep. According to the National Transportation Safety Board (NTSB), driver fatigue causes 30 to 40 percent of track accidents. And, alarmingly, 19 percent of truck drivers reported falling asleep at the wheel in the previous month (NTSB 1992).
Sleep-deprived drivers suffer from impaired judgment and coordination as well as delayed response times, similar to drivers under the influence of alcohol. Several studies show that sleep deprivation affects drivers as much or even more than alcohol.
Getting seven to eight hours of sleep per night will keep you awake and alert when it counts. If you find yourself getting sleep behind the wheel, pull over and get some coffee or take a short nap.
If you’re injured in an accident due to someone’s sleep deprivation, call 911 immediately. Don’t discuss the wreck until police arrive, and don’t admit any fault. While you’re at the scene, take photos and get names and phone numbers of any witnesses. See a doctor as soon as possible, and call a personal injury lawyer as soon as possible. Your attorney will need to act quickly to collect evidence.
Be careful when you’re speaking with insurance adjustors. They may record your telephone conversations and try to get you to admit partial fault. Once you hire an attorney, you don’t have to talk to insurance adjustors. You can refer all questions to your lawyer.
When you’re injured in a car wreck or truck wreck, MLN Law will get you the monetary compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
Labels: auto accident, avoiding car accidents, car accidents, tractor trailer, traffic wreck, trucking
Anyone who lived or worked in Atlanta during March 2007 most likely recalls the tragic bus accident that occurred in the early hours of March 2. A charter bus carrying 33 members of the Bluffton University (Ohio) baseball team was on its way to Sarasota, Florida. The driver, a relief driver who was well rested, decided to take the diamond HOV lane along I-75, but made a fatal mistake. Thinking that he was still in the HOV lane, he instead exited the interstate on a left HOV-only exit ramp. This ramp led up to a T-junction with a stop sign, but the driver, still traveling at interstate speeds, was unable to stop at the top of the bridge and lost control. The bus slid sideways into a concrete bridge wall with an attached security fence, but then dropped 19 feet from the opposite side of the bridge, landing on its side back on the interstate below.
Seven people, including the driver and his wife, were killed in the accident while seven more were seriously injured. Twenty one more passengers received minor injuries. The National Transportation Safety Board, upon investigating the accident thoroughly, concluded that the diver mistook the HOV-only exit ramp for a continuation of the HOV lane. They further cited a failure on the part of the GDOT to provide proper signage.
If you were one of the commuters who drives along I-75 southbound every day, you probably remember the traffic jam from that day. And you possibly noticed, too, that the signage, though it had already been cited as the cause of a major tragedy, did not change. More than a year later, a July 2008 Atlanta Journal Constitution article pointed out that the state was taking bids to change its signs. In the mean time, the state of Georgia ended up paying a total of $3 million to the injured parties in the Bluffton bus crash. $3 million, by state tort law, is the maximum liability that can be incurred by the state of Georgia for one incident.
Then, in early in April of this year, a two bus convoy nearly made the same mistake as the Bluffton bus driver and the GDOT was criticized yet again for failing to change the signage in a timely manner. Now though, perhaps fueled by public perception, the GDOT is working in the spot and says that the overhead signs will soon be up. With this change, we can hopefully avoid what NTSB Chairman Mark V. Rosenker called a “terrible and tragic accident … that didn’t have to happen.”
For more on this story:
Signs at I-75 ramp incomplete, 2 years later, Atlanta Journal Constitution
But that doesn’t always happen. As a case in point, several weeks ago, on February 24, 2009, defective tires caused a tractor trailer crash on I-85 near Newnan. Headed southbound, the truck driver took Exit 41 (Moreland) at approximately 4:30 p.m.
Georgia State Trooper George Cotton said that the truck driver, Edward James Clements, Jr., of Bay St. Louis, MS, came off the exit “a little too hot.”
Clements was hauling 41,000 pounds of cotton and yarn. When his truck hit some barrels on the side of the ramp, the weight of the trailer load shifted, and the tractor trailer overturned. The truck skidded 318 feet upright and 133 feet on its side before coming to a stop off the road.
Luckily, the truck did not hit any other vehicles, and nobody suffered serious injuries. (Even a trailer carrying cotton can easily be deadly!)
After firefighters cut a hole in the roof of the tractor trailer truck to remove Clements, he was sent to Piedmont Hospital with back pain.
"The driver made a quick turn because he was having some tire issues," State Trooper Cotton told The Newnan Times-Herald. "He was pulling off to try and get the tire repaired."
Clements was cited for failure to maintain his lane, and he was warned about having defective tires, as the tire tread was close to violation level. Defective tires can still cause accidents, even if they’re not beyond violation level.
Emergency crews had to close Exit 41, and it took them more than 3 hours to get the vehicle upright. The sheer mass of tractor trailer trucks makes them lethal weapons on the roadways. Tractor trailers make up just 3% of vehicles on the road, yet they’re involved in 21% of the fatal accidents.
To make matters worse, truck drivers are under immense pressure to drive faster and longer. Such work conditions often cause drivers to skip important safety measures like tire checks - and sleep.
If you’re ever injured in a tractor trailer accident, get names and phone numbers of witnesses, don’t admit any fault, and take photos if possible. Photograph the entire scene, including skid marks, road conditions, traffic signs, etc. Also photograph any injuries.
If you’re injured, see a doctor and call a lawyer as soon as possible. Your attorney will need to act fast to preserve evidence. Be sure to hire a lawyer who is very familiar with the Federal Motor Carrier Safety Rules and Regulations and who has the time, interest, and resources to handle a truck case. Litigation can take several years, and expenses can cost tens of thousands of dollars.
MLN Law offers the expertise and resources you need to win your case. If you’ve been injured in a tractor trailer accident, call (404) 531-9700 now to schedule your free consultation.
Labels: tractor trailer, trucking
noun. A crippling disease that strikes high school seniors. Symptoms include: laziness, an over-excessive wearing of track pants, old athletic shirts, sweatpants, athletic shorts, and sweatshirts. Also features a lack of studying, repeated absences, and a generally dismissive attitude. The only known cure is a phenomenon known as Graduation.
Unfortunately for a group of North Carolina teens, some very bad choices turned their standard year-end senior prank into a tragic accident that left one teenage boy badly injured.
It all started when a group of masked high school students and alumni, who, authorities report, had been drinking, decided to end the year with a bang by pulling a boat painted with school symbols up to the Leesville High School cafeteria doors. To “cement” the prank, they filled the boat with dry concrete so the school administration would have a hard time removing it.
At that time, they decided to make their escape in one student’s truck. A reported five or six students, including 17-year-old Anthony Bunn, leapt into the truck’s bed. The 18-year-old driver then put the truck in reverse and accelerated at a rapid speed before trying to perform a J-turn (a turn in which a driver turns a vehicle going reverse 180 degrees and puts it in forward gear so it's going in the same direction.) At that point, the truck overturned, pinning Bunn beneath the truck’s roof at the ground.
The teens then decided to take Bunn to the hospital themselves instead of reporting the wreck. By the time police were notified, by hospital staff, that a wreck had occurred, the rest of the teens were reportedly trying to use another truck to right the overturned truck themselves.
Officers found alcohol and a beer funnel at the scene. The driver, 18-year-old Alec William Esoda, was arrested with a blood alcohol level of .08. He has now been released on bond for charges of felony serious injury by vehicle, DWI, provisional DWI and reckless driving.
That night, two young lives were changed as the result of a careless prank. Anthony Bunn is in critical condition at Rex Hospital in Leesville while Alec Esoda faces criminal charges. Unfortunately, it is all too easy for teenagers, whether in the heat of the moment or egged on by peers, to make dangerous choices such as DWI or riding in the back of a dangerous vehicle. Even normally well behaved teens can fall prey to the heat of the moment.
Have you or anyone you know been injured as the result of recklessness? Sadly, teenage pranks can result in injuries that require long term care and potential for loss of income. If you are experiencing such a tragedy, call MLN Law at (404) 531-9700 for caring, aggressive representation.
Labels: auto accident, reckless driving
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