Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Tuesday, January 19, 2010
Atlanta Area Police Officer Charged with DUI
Saturday, November 21, 2009
Atlanta Drunk Driver Going Wrong Way on I-20 Killed Mother
Thursday, November 5, 2009
Studies Note Increase in Drugged Driving
Thursday, October 8, 2009
Jury Awards Mother $330 Million in DUI Fatality Case
Thursday, October 1, 2009
2008 Traffic Safety Data for Drunk Driving
Wednesday, September 9, 2009
Gwinnett Police Officer Caused DUI Wreck, Injury
Wednesday, September 2, 2009
Drunk Driving Fatalities among Female Drivers on the Rise - Labor Day Driving Tips
Thursday, July 30, 2009
Peer Pressure, Not Scare Tactics, Stop College Age DUI's
Monday, June 29, 2009
Operation Zero Tolerance Targets Georgia Drunk Drivers
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:
Friday, June 19, 2009
Would a Universal Smoking Ban in Georgia Reduce Drunk Driving Fatalities?
Wednesday, June 17, 2009
Drunk Driver Kills Gwinnett County Mother
Monday, June 15, 2009
Auto Accidents on I-285 Kill Three in Atlanta
Monday, May 25, 2009
Not Everyone Who Gets Hit by a Drunk Driver Dies
Jacqueline Saburido, pictured at left three years after her car was hit by a drunk driver, is living proof that not everyone who gets hit by a drunk driver dies. Some victims continue to suffer for many years.
On a Sunday morning in 1999, Jacqueline, age 20 at the time, was on her way home from a birthday party with four of her friends. Reggie Stephey, age 18 at the time, was on his way home from drinking beer. Reggie’s SUV crashed into Jacqueline’s Oldsmobile. Two of Jacqueline’s friends died at the scene. Within minutes, the Oldsmobile was engulfed in flames. Jacqueline was pinned inside. Over 60% of her body was severely burned. Nobody thought that Jacqui would live. But she did.
Jacqui lost her fingers, hair, ears, nose, left eyelid, and much of her vision. She has had more than 50 operations since the crash, and she has many more to go.
Reggie was convicted of two counts of intoxication manslaughter for the deaths of Jacqui’s two friends. He was released from prison last year after serving a full seven-year sentence.
Jacqui bravely allowed post-accident photos of herself to be used in media campaigns against drunk driving. She appeared on Oprah in 2003, and Oprah called her “a woman who defines survival.”
Amazingly, Jacqui has publicly forgiven Reggie, even though his drunk driving completely destroyed her life. Oprah said that Jacqui defines “inner beauty.” Jacqui’s story is humbling and inspiring, and it reminds us that drunk driving is a serious crime.
In 2005 alone, there were 16,885 alcohol-related traffic fatalities in the United States; that’s an average of one alcohol-related fatality every 31 minutes. In the same year, there were over 254,000 injuries from alcohol-related accidents; that’s an average of one every two minutes. In 2006, there were 604 alcohol-related highway fatalities in Georgia; this number accounts for nearly one-third of Georgia’s total fatalities.
One bad decision - drinking and driving just one time - can destroy a life. Please don’t drink and drive.
If you or a loved one has been injured by a drunk driver, contact The Law Offices of Michael L. Neff as soon as possible. We must act quickly to investigate the accident and preserve evidence.
We aggressively pursue irresponsible drunk drivers and hold them accountable to the full extent of the law. As a victim, you can sue for negligence and punitive damages. You can punish the irresponsible behavior on the part of the drunk driver - and Jacqui Saburido would agree that you should punish such behavior. Too many innocent people have been victims of drunk drivers.
You may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. For example, if a restaurant served someone who was obviously intoxicated, then you can also hold the restaurant accountable for your injuries.
If you’ve been injured by a drunk driver, call (404) 531-9700 to schedule your free consultation with Michael Lawson Neff.
Wednesday, July 30, 2008
Missouri Court of Appeals whacks Allstate
Of all people, law enforcement officers should know about the dangers of driving under the influence of alcohol. They see DUI injuries first-hand. Yet I still periodically see stories about police officers involved in DUI wrecks. On Sunday morning, Union City Police Officer Patrick Reed was arrested for DUI after his vehicle crossed the center line and crashed into another vehicle.
Officer Reed was driving southbound on Old National Highway early Sunday morning when his Chevrolet Avalanche crossed the center line and hit a Pontiac Grand Prix head-on. The police report stated that Reed had bloodshot eyes, was unsteady on his feet, and had an odor of alcohol.
The driver of the Grand Prix was also charged with DUI. Reed was charged in Fulton County with DUI and failure to maintain lane. Both drivers were injured in the wreck and taken to Grady Hospital. A passenger in the Grand Prix was also injured in the DUI accident and is reportedly still in the hospital in critical condition.
"Right now [Reed] is on administrative leave with pay, pending an internal investigation and also the investigation from the Fulton County Police Department," Detective Jacqueline Lewis of the Union City Police Department told WSB-TV. "He has an excellent record. No disciplinary actions taken against him. This was a total shock."
Reed was off-duty and in his personal vehicle at the time of the accident. Neither Reed nor the other driver were taken into custody after the accident since they were admitted to the hospital with injuries. Both drivers were ticketed and will appear in court to face charges of DUI.
"The officer in question did come to the police station this morning and did turn in his badge and his duty belt," said Detective Lewis.
Officer Reed consented to a blood alcohol content (BAC) test at Grady Hospital, and Fulton County police are awaiting the results of that that.
Most police officers set a fine example for citizens. However, officers like Mr. Reed set a poor example for our children and all citizens. Our laws should be respected by all citizens, including those in uniform. If law enforcement officials do not respect the law, then how can they expect others to do so?
Driving under the influence of alcohol is a serious public health problem here in Atlanta, in the rest of Georgia, and in the nation as a whole. Drunk driving rates have been slowly decreasing in recent years, thanks in part to tougher DUI laws supported by groups such as Mothers Against Drunk Driving (MADD).
In Georgia, the victim of a drunk driver accident may not only sue the drunk driver but may also sue the individual and/or establishment that knowingly served alcohol to an intoxicated person who would be driving.
If you've been injured by a drunk driver in Georgia, contact an experienced Georgia auto accident injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation and review your legal rights.
Officer Reed was driving southbound on Old National Highway early Sunday morning when his Chevrolet Avalanche crossed the center line and hit a Pontiac Grand Prix head-on. The police report stated that Reed had bloodshot eyes, was unsteady on his feet, and had an odor of alcohol.
The driver of the Grand Prix was also charged with DUI. Reed was charged in Fulton County with DUI and failure to maintain lane. Both drivers were injured in the wreck and taken to Grady Hospital. A passenger in the Grand Prix was also injured in the DUI accident and is reportedly still in the hospital in critical condition.
"Right now [Reed] is on administrative leave with pay, pending an internal investigation and also the investigation from the Fulton County Police Department," Detective Jacqueline Lewis of the Union City Police Department told WSB-TV. "He has an excellent record. No disciplinary actions taken against him. This was a total shock."
Reed was off-duty and in his personal vehicle at the time of the accident. Neither Reed nor the other driver were taken into custody after the accident since they were admitted to the hospital with injuries. Both drivers were ticketed and will appear in court to face charges of DUI.
"The officer in question did come to the police station this morning and did turn in his badge and his duty belt," said Detective Lewis.
Officer Reed consented to a blood alcohol content (BAC) test at Grady Hospital, and Fulton County police are awaiting the results of that that.
Most police officers set a fine example for citizens. However, officers like Mr. Reed set a poor example for our children and all citizens. Our laws should be respected by all citizens, including those in uniform. If law enforcement officials do not respect the law, then how can they expect others to do so?
Driving under the influence of alcohol is a serious public health problem here in Atlanta, in the rest of Georgia, and in the nation as a whole. Drunk driving rates have been slowly decreasing in recent years, thanks in part to tougher DUI laws supported by groups such as Mothers Against Drunk Driving (MADD).
In Georgia, the victim of a drunk driver accident may not only sue the drunk driver but may also sue the individual and/or establishment that knowingly served alcohol to an intoxicated person who would be driving.
If you've been injured by a drunk driver in Georgia, contact an experienced Georgia auto accident injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation and review your legal rights.
Labels: Atlanta injury lawyer, drunk driver, drunk driving, DUI, Fulton County, Grady Hospital
Early this morning a mother of two was killed on I-20 in Atlanta a drunk driving going the wrong way crashed into her vehicle. Police say that the wrong-way driver appeared to be under the influence of alcohol.
The wreck happened at approximately 3:30 a.m. on I-20 eastbound near the Langhorn Street exit, according to WSB-TV. Police said that Robert Ayiteyfio, the suspect, was driving his Toyota Camry westbound in the eastbound lanes of I-20. Near the Langhorn Street ext, Ayiteyfio’s Camry collided with a Ford Taurus driven by the victim, Shameyka Welch, 24, of Austell.
Another adult and two children were in the car with Welch. The two children were taken to Egleston Children’s Hospital and are in stable condition. The other passenger is also in stable condition. Welch died at Grady Memorial Hospital.
An off-duty police officer spotted the wrong-way driver and called for back-up before the crash actually happened. The suspect fled on foot while he was being questioned by an Atlanta Police Department DUI Task Force officer, but he was apprehended. Ayiteyfio was checked by emergency medical workers and charged with DUI, homicide by vehicle,, and driving he wrong way before being taken to Fulton County Jail.
A reader on wsbtv.com commented on the story, “Few states have figured out what to do with drunk drivers. Do taxpayers foot the bill for years of incarceration, or do we tap these killers on the wrist and let them keep driving to do it again and again?”
I believe that Georgia is on the right track when it comes to punishing drunk drivers. In Georgia, a victim or victim’s family can sue a drunk driver not only for monetary damages but also for punitive damages. In other words, a victim of a drunk driver can seek to punish the drunk driver. Normally, punitive damages in Georgia are capped at $250,000, but they can be unlimited for drunk driver victims. The victim of a drunk driver may also file suit against a restaurant, liquor store, or other establishment that served alcohol to an intoxicated individual. Georgia certainly does not tap drunk drivers on the wrist. Our state also has several DUI courts in which convicted drunk drivers receive treatment for alcoholism. Research shows that DUI courts reduce rates of recidivism for drunk drivers.
Still, Georgia has a relatively high rate of DUI accidents. According to MADD, nearly 30 percent of Georgia’s fatal traffic accidents in 2008 involved drunk drivers. The word “accident” is a bit of misnomer. All intoxicated drivers make a choice to get behind the wheel of a vehicle. That’s not an accident. Victims can help to reduce the rate of drunk driving by aggressively pursuing offenders in the court of law.
Have you been the victim of a drunk driver? If so, contact a Georgia personal injury lawyer as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
The wreck happened at approximately 3:30 a.m. on I-20 eastbound near the Langhorn Street exit, according to WSB-TV. Police said that Robert Ayiteyfio, the suspect, was driving his Toyota Camry westbound in the eastbound lanes of I-20. Near the Langhorn Street ext, Ayiteyfio’s Camry collided with a Ford Taurus driven by the victim, Shameyka Welch, 24, of Austell.
Another adult and two children were in the car with Welch. The two children were taken to Egleston Children’s Hospital and are in stable condition. The other passenger is also in stable condition. Welch died at Grady Memorial Hospital.
An off-duty police officer spotted the wrong-way driver and called for back-up before the crash actually happened. The suspect fled on foot while he was being questioned by an Atlanta Police Department DUI Task Force officer, but he was apprehended. Ayiteyfio was checked by emergency medical workers and charged with DUI, homicide by vehicle,, and driving he wrong way before being taken to Fulton County Jail.
A reader on wsbtv.com commented on the story, “Few states have figured out what to do with drunk drivers. Do taxpayers foot the bill for years of incarceration, or do we tap these killers on the wrist and let them keep driving to do it again and again?”
I believe that Georgia is on the right track when it comes to punishing drunk drivers. In Georgia, a victim or victim’s family can sue a drunk driver not only for monetary damages but also for punitive damages. In other words, a victim of a drunk driver can seek to punish the drunk driver. Normally, punitive damages in Georgia are capped at $250,000, but they can be unlimited for drunk driver victims. The victim of a drunk driver may also file suit against a restaurant, liquor store, or other establishment that served alcohol to an intoxicated individual. Georgia certainly does not tap drunk drivers on the wrist. Our state also has several DUI courts in which convicted drunk drivers receive treatment for alcoholism. Research shows that DUI courts reduce rates of recidivism for drunk drivers.
Still, Georgia has a relatively high rate of DUI accidents. According to MADD, nearly 30 percent of Georgia’s fatal traffic accidents in 2008 involved drunk drivers. The word “accident” is a bit of misnomer. All intoxicated drivers make a choice to get behind the wheel of a vehicle. That’s not an accident. Victims can help to reduce the rate of drunk driving by aggressively pursuing offenders in the court of law.
Have you been the victim of a drunk driver? If so, contact a Georgia personal injury lawyer as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: drunk driver, drunk driving, DUI
Recent studies point to an alarming new trend in fatalities related to DUI’s. Increasingly, drivers are getting into accidents not while under the influence of alcohol (or not alcohol alone), but instead, they are endangering the lives of those around them by driving while impaired by illegal or prescription drugs.
This revelation comes to taint the good news that over all, there has been a decrease in drunk driving.
“While the incidence of drunk driving violations has been on a decline, DUI while drugged is on the rise,” said Mary Rieser, the Executive Director of The Atlanta Recovery Center, Narconon Drug Rehab. "DUI while taking prescription meds or illegal drugs causes impaired judgment and decreased motor skills. Drug abuse and drug addiction cause untold misery in families, jobs, the court systems, and in the open road. Be careful."
In 2005, an estimated 14.1 percent of individuals over the age of twelve had driven while under the influence of either alcohol or an illicit drug. That number dropped in 2006, falling to 13.3 percent. This small improvement is colored by the fact that the 2006 estimate still puts the number of individuals driving while impaired at around 32.8 million a year.
More than 17,000 people were killed in alcohol related traffic accidents in 2006, according to the National Highway Traffic Safety Administration. Studies suggest that between 10 and 22 percent of the drivers involved in these crashes were also using drugs, generally in combination with alcohol.
An estimated 10.2 million, or 4.2 percent, individuals over the age of twelve reported driving under the influence of illicit drugs during the previous year in 2006 according to the National Survey on Drug Use and Health. At similar rate, 4.3 percent, was reported in 2005. This is a slight decrease from 2002, when 4.7 percent of individuals over twelve were estimated to have driven under the influence of drugs. While the decrease may be encouraging, less so is the age at where the rate is highest – among eighteen to twenty-five year olds.
A number of studies have explored the drugged driving phenomenon, and this is not the only one to connect it with a particular age group. In one study, an estimated 7.3 percent of individuals drove under the influence at age sixteen, a number which steadily rises to peak among young adults of twenty-two, whose rate was as high as 31.8 percent. That is not much short of one third of twenty-two year old drivers who report having driven under the influence of drugs or alcohol. A chilling statistic.
A study at a Maryland trauma center found that about 34 percent of patients admitted as the victims of motor vehicle crashes tested positive for tested positive for drugs only, while only 16 percent tested positive for alcohol alone. 9.9 percent, or essentially one in ten, tested positive for both. Among this group, some fifty percent were under the age of eighteen.
Driving under the influence of any substance, be it drugs or alcohol, is obviously a serious concern as it puts driver, passengers and those they share the road with all in danger. These substances affect reaction time and judgment, even in small doses. It is doubly concerning to see so many of the drivers who put themselves and those around them at risk are themselves young and inexperienced on the road.
This revelation comes to taint the good news that over all, there has been a decrease in drunk driving.
“While the incidence of drunk driving violations has been on a decline, DUI while drugged is on the rise,” said Mary Rieser, the Executive Director of The Atlanta Recovery Center, Narconon Drug Rehab. "DUI while taking prescription meds or illegal drugs causes impaired judgment and decreased motor skills. Drug abuse and drug addiction cause untold misery in families, jobs, the court systems, and in the open road. Be careful."
In 2005, an estimated 14.1 percent of individuals over the age of twelve had driven while under the influence of either alcohol or an illicit drug. That number dropped in 2006, falling to 13.3 percent. This small improvement is colored by the fact that the 2006 estimate still puts the number of individuals driving while impaired at around 32.8 million a year.
More than 17,000 people were killed in alcohol related traffic accidents in 2006, according to the National Highway Traffic Safety Administration. Studies suggest that between 10 and 22 percent of the drivers involved in these crashes were also using drugs, generally in combination with alcohol.
An estimated 10.2 million, or 4.2 percent, individuals over the age of twelve reported driving under the influence of illicit drugs during the previous year in 2006 according to the National Survey on Drug Use and Health. At similar rate, 4.3 percent, was reported in 2005. This is a slight decrease from 2002, when 4.7 percent of individuals over twelve were estimated to have driven under the influence of drugs. While the decrease may be encouraging, less so is the age at where the rate is highest – among eighteen to twenty-five year olds.
A number of studies have explored the drugged driving phenomenon, and this is not the only one to connect it with a particular age group. In one study, an estimated 7.3 percent of individuals drove under the influence at age sixteen, a number which steadily rises to peak among young adults of twenty-two, whose rate was as high as 31.8 percent. That is not much short of one third of twenty-two year old drivers who report having driven under the influence of drugs or alcohol. A chilling statistic.
A study at a Maryland trauma center found that about 34 percent of patients admitted as the victims of motor vehicle crashes tested positive for tested positive for drugs only, while only 16 percent tested positive for alcohol alone. 9.9 percent, or essentially one in ten, tested positive for both. Among this group, some fifty percent were under the age of eighteen.
Driving under the influence of any substance, be it drugs or alcohol, is obviously a serious concern as it puts driver, passengers and those they share the road with all in danger. These substances affect reaction time and judgment, even in small doses. It is doubly concerning to see so many of the drivers who put themselves and those around them at risk are themselves young and inexperienced on the road.
Labels: drugged driving, drunk driving, DUI, reckless driving
A jury deliberated less than an hour before ordering Christopher Marcone to pay $330 million in damages to Angela Stone after he killed her 13-year-old daughter while driving drunk. The Florida state court verdict includes $55 million in compensatory damages and $275 million in punitive damages. It’s one of the largest DUI verdicts ever.
Steve Yerrid, attorney for Stone, said that the verdict wasn’t about the money; it was intended to send a message.
“We wanted to send a message,” Yerrid said. “The mother’s intent was to spare anyone from experiencing the horrific experience of burying their own child.”
Stone will most likely not collect any of the punitive damages from the driver, but she will receive some of the compensatory damages because of a pre-trial agreement with the driver and his insurance company.
Stone also has a wrongful death suit pending against Kia Motors, claiming that defective seatbelts contributed to her daughter’s death. Yerrid says he expects a large award in this case, and Kia will be able to pay.
Stone’s daughter, Shelby Hagman, was killed when a pickup truck driven by Marcone ran a stop sign and crashed into the right side of the Kia Sedona van driven by Hagman’s grandparents. The grandparents survived, but Hagman suffered significant head injuries. Life support was cut off the next day when her family learned that there was no chance for recovery.
Marcone, 27, pleaded guilty to DUI manslaughter, and he is currently serving a 13-year sentence.
Brian Reynolds, attorney for Marcone, did not offer much of a defense at the trial.
“He told the jury he didn’t want to waste their time,” Yerrid said. “I told the jury, ‘In fact, there is no defense in this case to put up.’ [Marcone] went through a stop sign at 60 miles an hour.’”
Yerrid said that the wrongful death case against Kia will be substantial: “There was a lot of movement in her body. Her torso was not restrained the way it should have been… What we found in preparing this case is that it was a secondary impact that killed this young girl. Had this restraint system worked properly, she would not have sustained any injury to her head.”
During the trial against Marcone, Yerrid showed a video of Shelby’s entire life, from baby to preteen, including footage of her funeral. The jury consisted of six women, and Yerrid told the women to voice their outrage over drunk driving with the verdict.
“What I said was, it’s not so much that the laws had failed, or that there weren’t adequate laws, but that there comes a time in America when people have to understand that the jury system is critical,” said Yerrid. “It’s time to stand up and supplement the law by sending a message that we as a society will not allow unsafe things to occur… I said to them, ‘We already know what happened. What are you going to do about it?’”
If you or a loved one has been injured by a drunk driver, contact a Georgia drunk driver victim lawyer as soon as possible. In Georgia, victims may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. Call MLN Law at 404-531-9700 to schedule a free consultation.
Steve Yerrid, attorney for Stone, said that the verdict wasn’t about the money; it was intended to send a message.
“We wanted to send a message,” Yerrid said. “The mother’s intent was to spare anyone from experiencing the horrific experience of burying their own child.”
Stone will most likely not collect any of the punitive damages from the driver, but she will receive some of the compensatory damages because of a pre-trial agreement with the driver and his insurance company.
Stone also has a wrongful death suit pending against Kia Motors, claiming that defective seatbelts contributed to her daughter’s death. Yerrid says he expects a large award in this case, and Kia will be able to pay.
Stone’s daughter, Shelby Hagman, was killed when a pickup truck driven by Marcone ran a stop sign and crashed into the right side of the Kia Sedona van driven by Hagman’s grandparents. The grandparents survived, but Hagman suffered significant head injuries. Life support was cut off the next day when her family learned that there was no chance for recovery.
Marcone, 27, pleaded guilty to DUI manslaughter, and he is currently serving a 13-year sentence.
Brian Reynolds, attorney for Marcone, did not offer much of a defense at the trial.
“He told the jury he didn’t want to waste their time,” Yerrid said. “I told the jury, ‘In fact, there is no defense in this case to put up.’ [Marcone] went through a stop sign at 60 miles an hour.’”
Yerrid said that the wrongful death case against Kia will be substantial: “There was a lot of movement in her body. Her torso was not restrained the way it should have been… What we found in preparing this case is that it was a secondary impact that killed this young girl. Had this restraint system worked properly, she would not have sustained any injury to her head.”
During the trial against Marcone, Yerrid showed a video of Shelby’s entire life, from baby to preteen, including footage of her funeral. The jury consisted of six women, and Yerrid told the women to voice their outrage over drunk driving with the verdict.
“What I said was, it’s not so much that the laws had failed, or that there weren’t adequate laws, but that there comes a time in America when people have to understand that the jury system is critical,” said Yerrid. “It’s time to stand up and supplement the law by sending a message that we as a society will not allow unsafe things to occur… I said to them, ‘We already know what happened. What are you going to do about it?’”
If you or a loved one has been injured by a drunk driver, contact a Georgia drunk driver victim lawyer as soon as possible. In Georgia, victims may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: drunk driver, DUI
The National Highway Traffic Safety Administration (NHTSA) recently released 2008 traffic safety data concerning drunk driving. For the statistics below, a drunk driver (or alcohol-impaired driver) is defined as someone with a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or higher.
In 2008, 11,773 people were killed in drunk driver crashes. These alcohol-impaired-driving fatalities accounted for 32 percent of the total motor vehicle traffic fatalities in the United States.
Traffic fatalities in alcohol-impaired-driving crashes decreased nearly 10 percent from 13,041 in 2007 to 11,773 in 2008.
Estimates of alcohol-impaired driving are generated using BAC values reported to the Fatality Analysis Reporting System (FARS) and imputed BAC values when they are not reported. Note that the term “alcohol-impaired” does not necessarily indicate that a crash or a fatality was caused by alcohol impairment. The 11,773 fatalities in alcohol-impaired-driving crashes during 2008 represent an average of one alcohol-impaired-driving fatality every 45 minutes.
In 2008, all 50 States, the District of Columbia, and Puerto Rico had by law created a threshold making it illegal per se to drive with a BAC of .08 or higher. Of the 11,773 people who died in alcohol-impaired-driving crashes in 2008, 8,027 (68%) were drivers with a BAC of .08 or higher. The remaining fatalities consisted of 3,054 (26%) motor vehicle occupants and 692 (6%) non-occupants.
In 2008, a total of 1,347 children age 14 and younger were killed in motor vehicle traffic crashes. Of those 1,347 fatalities, 216 (16%) occurred in alcohol-impaired-driving crashes. Out of those 216 deaths, 99 (46%) were occupants of a vehicle with a driver who had a BAC level of .08 or higher. Another 34 children age 14 and younger who were killed in traffic crashes in 2008 were pedestrians or cyclists who were struck by drivers with a BAC of .08 or higher.
The rate of drunk driving among drivers involved in fatal crashes was four times higher at night than during the day (36% versus 9%).In 2008, 15 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to 32 percent on weekends.
2008 Drunk Driver Demographics
For fatal crashes in 2008, the highest percentage of drivers with a BAC level of .08 or higher was for drivers ages 21 to 24 (34%), followed by ages 25 to 34 (31%) and 35 to 44 (25%).
The percentages of drivers involved in fatal crashes with a BAC level of .08 or higher in 2008 were 29 percent for motorcycle riders and 23 percent for both passenger cars and light trucks. The percentage of drivers with BAC levels of .08 or higher in fatal crashes was the lowest for large trucks (2%).
In 2008, 6,316 passenger vehicle drivers who were killed had a BAC of .08 or higher. Out of those 6,316 driver fatalities, 73 percent were unrestrained. Drivers with a BAC of .08 or higher involved in fatal crashes were eight times more likely to have a prior conviction for driving under the influence (DUI) than were drivers with no alcohol (8% and 1%, respectively).
In Georgia, drunk drivers were involved in 28 percent of the state’s total fatalities in 2008.
Have you or a loved one been injured or killed by a drunk driver? If so, you may be entitled to recovery including punitive damages. Contact a Georgia personal injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
In 2008, 11,773 people were killed in drunk driver crashes. These alcohol-impaired-driving fatalities accounted for 32 percent of the total motor vehicle traffic fatalities in the United States.
Traffic fatalities in alcohol-impaired-driving crashes decreased nearly 10 percent from 13,041 in 2007 to 11,773 in 2008.
Estimates of alcohol-impaired driving are generated using BAC values reported to the Fatality Analysis Reporting System (FARS) and imputed BAC values when they are not reported. Note that the term “alcohol-impaired” does not necessarily indicate that a crash or a fatality was caused by alcohol impairment. The 11,773 fatalities in alcohol-impaired-driving crashes during 2008 represent an average of one alcohol-impaired-driving fatality every 45 minutes.
In 2008, all 50 States, the District of Columbia, and Puerto Rico had by law created a threshold making it illegal per se to drive with a BAC of .08 or higher. Of the 11,773 people who died in alcohol-impaired-driving crashes in 2008, 8,027 (68%) were drivers with a BAC of .08 or higher. The remaining fatalities consisted of 3,054 (26%) motor vehicle occupants and 692 (6%) non-occupants.
In 2008, a total of 1,347 children age 14 and younger were killed in motor vehicle traffic crashes. Of those 1,347 fatalities, 216 (16%) occurred in alcohol-impaired-driving crashes. Out of those 216 deaths, 99 (46%) were occupants of a vehicle with a driver who had a BAC level of .08 or higher. Another 34 children age 14 and younger who were killed in traffic crashes in 2008 were pedestrians or cyclists who were struck by drivers with a BAC of .08 or higher.
The rate of drunk driving among drivers involved in fatal crashes was four times higher at night than during the day (36% versus 9%).In 2008, 15 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to 32 percent on weekends.
2008 Drunk Driver Demographics
For fatal crashes in 2008, the highest percentage of drivers with a BAC level of .08 or higher was for drivers ages 21 to 24 (34%), followed by ages 25 to 34 (31%) and 35 to 44 (25%).
The percentages of drivers involved in fatal crashes with a BAC level of .08 or higher in 2008 were 29 percent for motorcycle riders and 23 percent for both passenger cars and light trucks. The percentage of drivers with BAC levels of .08 or higher in fatal crashes was the lowest for large trucks (2%).
In 2008, 6,316 passenger vehicle drivers who were killed had a BAC of .08 or higher. Out of those 6,316 driver fatalities, 73 percent were unrestrained. Drivers with a BAC of .08 or higher involved in fatal crashes were eight times more likely to have a prior conviction for driving under the influence (DUI) than were drivers with no alcohol (8% and 1%, respectively).
In Georgia, drunk drivers were involved in 28 percent of the state’s total fatalities in 2008.
Have you or a loved one been injured or killed by a drunk driver? If so, you may be entitled to recovery including punitive damages. Contact a Georgia personal injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: drunk driver, drunk driving, DUI
Over Labor Day weekend, I saw police officers out in full force, and I am grateful for their hard work. There’s no telling how many injuries and fatalities they prevented by removing drunk drivers from Georgia highways.
And then there’s Gwinnett County police officer James Stoudenmire, who, according to the Atlanta Journal-Constitution, got drunk at Wild Bill’s dance club on Friday night and rear-ended another car after he left the club early Saturday morning.
Stoudenmire, 27, was driving his Mustang when he rear-ended a Mazda at a stop light. A passenger in the Mazda suffered a leg injury. Luckily, there were no serious injuries or fatalities.
The responding officer noted that Stoudenmire was unsteady during the field sobriety test and had a strong odor of alcohol on his breath.
Stoudenmire, who was off duty at the time, said that he had four drinks at Wild Bill’s starting at 4:00 p.m. on Friday. The accident occurred at 1:15 a.m. on Saturday morning. It appears that Officer Stoudenmire had more than four drinks.
The police report states that he “stumbled and fell against the wall across from the holding cell” as he was being released from jail on a $1,557 bond. He was charged with DUI and following too closely.
Stoudenmire is a four-year veteran of the Gwinnett County Police Department. He was placed on administrative leave, pending an investigation by the department’s Professional Standards Unit.
Do you think that Stoudenmire should be allowed to return to his job as on officer of the law after getting drunk, causing an accident, and injuring another person over Labor Day weekend?
As a police officer, Stoudenmire had to know that Labor Day weekend is one of the deadliest travel times of the year. In a recent press release publicizing Operation Zero Tolerance (OZT) – a crackdown on drunk driving – the Governor’s Office of Highway Safety revealed that there were 1,660 traffic crashes in Georgia during the Labor Day travel period last year. There were 19 deaths and 798 injuries. In 2007, more than 1,000 people were injured in Labor Day travel accidents.
“The sad fact is one-out-of-three of our fatal highway crashes in Georgia each year is caused by impaired drivers. And every one of those tragic alcohol-related deaths is completely preventable!” said Director Bob Dallas of the Governor's Office of Highway Safety.
Stoudenmire should have paid attention to the advice in the OZT press release: "Remember to designate a sober driver in advance – before the Labor Day festivities begin." If Stoudenmire had followed that one simple piece of advice, he would have prevented an unnecessary injury.
If you’re injured by a drunk driver or another careless driver, call MLN Law at 404-531-9700 to schedule your free consultation. In DUI cases, you may be entitled to punitive damages as well as standard recovery. You may also be able to sue the establishment that served the drunk driver in addition to the driver. If you or a loved one has been the victim of a drunk driver, call MLN Law now at 404-531-9700.
And then there’s Gwinnett County police officer James Stoudenmire, who, according to the Atlanta Journal-Constitution, got drunk at Wild Bill’s dance club on Friday night and rear-ended another car after he left the club early Saturday morning.
Stoudenmire, 27, was driving his Mustang when he rear-ended a Mazda at a stop light. A passenger in the Mazda suffered a leg injury. Luckily, there were no serious injuries or fatalities.
The responding officer noted that Stoudenmire was unsteady during the field sobriety test and had a strong odor of alcohol on his breath.
Stoudenmire, who was off duty at the time, said that he had four drinks at Wild Bill’s starting at 4:00 p.m. on Friday. The accident occurred at 1:15 a.m. on Saturday morning. It appears that Officer Stoudenmire had more than four drinks.
The police report states that he “stumbled and fell against the wall across from the holding cell” as he was being released from jail on a $1,557 bond. He was charged with DUI and following too closely.
Stoudenmire is a four-year veteran of the Gwinnett County Police Department. He was placed on administrative leave, pending an investigation by the department’s Professional Standards Unit.
Do you think that Stoudenmire should be allowed to return to his job as on officer of the law after getting drunk, causing an accident, and injuring another person over Labor Day weekend?
As a police officer, Stoudenmire had to know that Labor Day weekend is one of the deadliest travel times of the year. In a recent press release publicizing Operation Zero Tolerance (OZT) – a crackdown on drunk driving – the Governor’s Office of Highway Safety revealed that there were 1,660 traffic crashes in Georgia during the Labor Day travel period last year. There were 19 deaths and 798 injuries. In 2007, more than 1,000 people were injured in Labor Day travel accidents.
“The sad fact is one-out-of-three of our fatal highway crashes in Georgia each year is caused by impaired drivers. And every one of those tragic alcohol-related deaths is completely preventable!” said Director Bob Dallas of the Governor's Office of Highway Safety.
Stoudenmire should have paid attention to the advice in the OZT press release: "Remember to designate a sober driver in advance – before the Labor Day festivities begin." If Stoudenmire had followed that one simple piece of advice, he would have prevented an unnecessary injury.
If you’re injured by a drunk driver or another careless driver, call MLN Law at 404-531-9700 to schedule your free consultation. In DUI cases, you may be entitled to punitive damages as well as standard recovery. You may also be able to sue the establishment that served the drunk driver in addition to the driver. If you or a loved one has been the victim of a drunk driver, call MLN Law now at 404-531-9700.
Labels: drunk driver, drunk driving, DUI
Last week Natasha Searcy, a 22-year-old young woman from Douglas County, was charged with vehicular homicide in the first and second degrees, failure to maintain her lane, lack of insurance, and driving under the influence. Searcy was driving drunk in her 1998 Pontiac when she crossed the center line and collided with a car driven by 25-year-old Ashley Ingalsbe. Luke Ingalsbe, age 4, died in the crash, Ashley Ingalsbe died last Monday afternoon. Her 2-year-old son and boyfriend were also seriously injured in the wreck.
Unfortunately, this local incident follows an alarming national trend: more women are driving under the influence and causing fatalities. Last month the National Highway Traffic Safety Administration (NHTSA) released a study which detailed the increasing trend.
FBI data shows that DUI arrests for women have increased 29 percent in the decade between 1998 and 2007. In the same time period, DUI arrests for men decreased by 7.5 percent.
Why are DUI arrests for women increasing while DUI arrests for males are decreasing? Does anybody have any possible explanations?
“Impaired driving is an issue that cuts across all segments of society and, sadly, the number of arrests of women driving under the influence is on the rise. This is clearly a very disturbing trend,” said Transportation Secretary Ray LaHood.
In 2008, impaired drivers caused nearly 12,000 fatalities. Approximately 2,000 of those fatalities were caused by female drivers who were under the influence of alcohol or drugs.
Some good news: According to the NHTSA report, DUI fatalities in Georgia decreased for both men and women. From 2007 to 2008, Georgia male DUI drivers in fatal crashes decreased 9 percent, from 337 to 307. In the same period, Georgia female DUI drivers in fatal crashes decreased 6 percent, from 68 to 64.
A nationwide anti-drunk driving campaign is currently underway. It’s known as Drunk Driving. Over the Limit. Under Arrest. The initiative involves over 11,000 police departments and other law enforcement agencies, and it will run through Labor Day weekend. During this time, police will redouble their efforts to nab drunk drivers during this high-risk travel period.
Last year, 40 percent of traffic fatalities during the Labor Day travel period involved a drunk driver. Based on these statistics, one might assume that nearly half of all drivers on the road this weekend will be intoxicated to some degree. Be sure to drive defensively and wear your safety belt.
If you’re going out of town this Labor Day weekend, follow these tips to stay safe and save money:
Slow down! Gas mileage decreases when you go faster that 60 miles per hour. For every five miles per hour over 60 MPH, you’re paying an additional 20 cents or more for each gallon of gas. Likewise, rapid acceleration can lower your gas mileage by 30 percent. Be patient. You’ll get there.
Use cruise control. Cruise control cuts fuel consumption by maintaining a steady speed on the highway. However, cruise control doesn’t give you the freedom to send a text message or program your GPS. When using cruise control, keep your eyes on the road and keep your foot ready to brake.
Turn down the AC. If you leave your vehicle’s AC on high all the time, this can reduce your mileage by up to 20 percent.
Finally, don’t drink and drive! Even if you’ve had “only a few drinks,” stay where you are, get someone else to drive, ride with a friend, or call a cab.
Unfortunately, this local incident follows an alarming national trend: more women are driving under the influence and causing fatalities. Last month the National Highway Traffic Safety Administration (NHTSA) released a study which detailed the increasing trend.
FBI data shows that DUI arrests for women have increased 29 percent in the decade between 1998 and 2007. In the same time period, DUI arrests for men decreased by 7.5 percent.
Why are DUI arrests for women increasing while DUI arrests for males are decreasing? Does anybody have any possible explanations?
“Impaired driving is an issue that cuts across all segments of society and, sadly, the number of arrests of women driving under the influence is on the rise. This is clearly a very disturbing trend,” said Transportation Secretary Ray LaHood.
In 2008, impaired drivers caused nearly 12,000 fatalities. Approximately 2,000 of those fatalities were caused by female drivers who were under the influence of alcohol or drugs.
Some good news: According to the NHTSA report, DUI fatalities in Georgia decreased for both men and women. From 2007 to 2008, Georgia male DUI drivers in fatal crashes decreased 9 percent, from 337 to 307. In the same period, Georgia female DUI drivers in fatal crashes decreased 6 percent, from 68 to 64.
A nationwide anti-drunk driving campaign is currently underway. It’s known as Drunk Driving. Over the Limit. Under Arrest. The initiative involves over 11,000 police departments and other law enforcement agencies, and it will run through Labor Day weekend. During this time, police will redouble their efforts to nab drunk drivers during this high-risk travel period.
Last year, 40 percent of traffic fatalities during the Labor Day travel period involved a drunk driver. Based on these statistics, one might assume that nearly half of all drivers on the road this weekend will be intoxicated to some degree. Be sure to drive defensively and wear your safety belt.
If you’re going out of town this Labor Day weekend, follow these tips to stay safe and save money:
Slow down! Gas mileage decreases when you go faster that 60 miles per hour. For every five miles per hour over 60 MPH, you’re paying an additional 20 cents or more for each gallon of gas. Likewise, rapid acceleration can lower your gas mileage by 30 percent. Be patient. You’ll get there.
Use cruise control. Cruise control cuts fuel consumption by maintaining a steady speed on the highway. However, cruise control doesn’t give you the freedom to send a text message or program your GPS. When using cruise control, keep your eyes on the road and keep your foot ready to brake.
Turn down the AC. If you leave your vehicle’s AC on high all the time, this can reduce your mileage by up to 20 percent.
Finally, don’t drink and drive! Even if you’ve had “only a few drinks,” stay where you are, get someone else to drive, ride with a friend, or call a cab.
Labels: drunk driving, DUI, safe driving
According to Mothers Against Drunk Driving (MADD), someone dies as a result of drinking and driving every 40 minutes. DUI perpetrators are generally young people from 21 – 34 years old, and most of these fatalities occur at night or on weekends during traditional party times. Many young people learn to drink in high school or college, and catching on to that, many schools and colleges have adopted anti-drinking campaigns to scare teen and college aged people straight when it comes to imbibing. Remember the old “Friends don’t let friends drink and drive” commercials? Ads like that and more are plastered all over college campuses these days. And children as young as elementary school age are learning about the perils of substance abuse and driving under the influence.
According to a new study recently published in the Cochrane Library 2009, though, these scare tactics don’t work. Scientists say that teens and college aged people overestimate the actual amount that their peers drink, and that this misconception often leads to a culture where teens feel they must drink in order to keep up with their peer group.
"This creates a type of peer pressure, which drives levels of drinking upwards," said David Foxcroft, professor of health care practice at Oxford Brookes University in the United Kingdom and the review's co-author.
So if scaring young drivers straight about the perils of driving under the influence doesn’t work, then what does? According to researchers, it’s the same thing that compels them to drink in the first place – peer pressure.
The study found that clueing young people in on just how much their peers actually drink does more to curb drinking than billboards, seminars, commercials, flyers and other scare tactics. The trick is, the information must be imparted individually, either one or one or by a computer. Interestingly, group counseling or mailed feedback did not have a similar impact, perhaps proving that when young people receive what they feel is trustworthy information about the real incidence of drinking in their peer group, they no longer feel as much pressure to pick up a cocktail.
Students who received personal feedback either through the Internet or individual face-to-face sessions reduced their overall alcohol consumption compared with those who did not get personal feedback. The review also found evidence that Web-based feedback reduced binge drinking — defined as five or more drinks in one sitting for a man and four or more for a woman — and alcohol-related problems.
Foxcroft and his fellow researchers analyzed data from 22 previously published studies that included 7,275 mostly U.S. college students. All the studies had the same goal — to reduce drinking by educating students on how their drinking behavior compared with others on campus. The review sought to determine which methods are effective and which are not.
Studies also found that web-based one on one feedback also potentially curbed another teen and college student problem – binge drinking. Binge drinking is defined as having five or more drinks in one sitting for a man, and four or more for a woman.
What does this study say about teaching teens and college students not to drink and drive? Perhaps to give up the scare tactics in favor of a good old fashioned talk. Explain to kids that their friends are likely exaggerating their alcohol consumption, and that they should not feel pressured to live up to a false ideal.
How do you teach your teens and college aged children about the perils of drinking and driving? I would like to hear your opinions, and your thoughts on this story, in the comments.
According to a new study recently published in the Cochrane Library 2009, though, these scare tactics don’t work. Scientists say that teens and college aged people overestimate the actual amount that their peers drink, and that this misconception often leads to a culture where teens feel they must drink in order to keep up with their peer group.
"This creates a type of peer pressure, which drives levels of drinking upwards," said David Foxcroft, professor of health care practice at Oxford Brookes University in the United Kingdom and the review's co-author.
So if scaring young drivers straight about the perils of driving under the influence doesn’t work, then what does? According to researchers, it’s the same thing that compels them to drink in the first place – peer pressure.
The study found that clueing young people in on just how much their peers actually drink does more to curb drinking than billboards, seminars, commercials, flyers and other scare tactics. The trick is, the information must be imparted individually, either one or one or by a computer. Interestingly, group counseling or mailed feedback did not have a similar impact, perhaps proving that when young people receive what they feel is trustworthy information about the real incidence of drinking in their peer group, they no longer feel as much pressure to pick up a cocktail.
Students who received personal feedback either through the Internet or individual face-to-face sessions reduced their overall alcohol consumption compared with those who did not get personal feedback. The review also found evidence that Web-based feedback reduced binge drinking — defined as five or more drinks in one sitting for a man and four or more for a woman — and alcohol-related problems.
Foxcroft and his fellow researchers analyzed data from 22 previously published studies that included 7,275 mostly U.S. college students. All the studies had the same goal — to reduce drinking by educating students on how their drinking behavior compared with others on campus. The review sought to determine which methods are effective and which are not.
Studies also found that web-based one on one feedback also potentially curbed another teen and college student problem – binge drinking. Binge drinking is defined as having five or more drinks in one sitting for a man, and four or more for a woman.
What does this study say about teaching teens and college students not to drink and drive? Perhaps to give up the scare tactics in favor of a good old fashioned talk. Explain to kids that their friends are likely exaggerating their alcohol consumption, and that they should not feel pressured to live up to a false ideal.
How do you teach your teens and college aged children about the perils of drinking and driving? I would like to hear your opinions, and your thoughts on this story, in the comments.
Labels: drunk driving, DUI, teen drivers
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
Smoking bans in individual cities and individual bars and restaurants are intended to save lives by reducing patrons’ exposure to second-hand smoke, but they may actually be causing more drunk driving fatalities, according to a report from ScienceDaily.
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.
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
Last week the Atlanta Journal-Constitution reported that a Lawrenceville man showed no emotion as he appeared in court to face charges of driving drunk and killing a young mother.
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.
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
Over the weekend, three people died in alcohol-related auto accidents on Interstate 285 in Atlanta.
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.
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
Jacqueline Saburido, pictured at left three years after her car was hit by a drunk driver, is living proof that not everyone who gets hit by a drunk driver dies. Some victims continue to suffer for many years.On a Sunday morning in 1999, Jacqueline, age 20 at the time, was on her way home from a birthday party with four of her friends. Reggie Stephey, age 18 at the time, was on his way home from drinking beer. Reggie’s SUV crashed into Jacqueline’s Oldsmobile. Two of Jacqueline’s friends died at the scene. Within minutes, the Oldsmobile was engulfed in flames. Jacqueline was pinned inside. Over 60% of her body was severely burned. Nobody thought that Jacqui would live. But she did.
Jacqui lost her fingers, hair, ears, nose, left eyelid, and much of her vision. She has had more than 50 operations since the crash, and she has many more to go.
Reggie was convicted of two counts of intoxication manslaughter for the deaths of Jacqui’s two friends. He was released from prison last year after serving a full seven-year sentence.
Jacqui bravely allowed post-accident photos of herself to be used in media campaigns against drunk driving. She appeared on Oprah in 2003, and Oprah called her “a woman who defines survival.”
Amazingly, Jacqui has publicly forgiven Reggie, even though his drunk driving completely destroyed her life. Oprah said that Jacqui defines “inner beauty.” Jacqui’s story is humbling and inspiring, and it reminds us that drunk driving is a serious crime.
In 2005 alone, there were 16,885 alcohol-related traffic fatalities in the United States; that’s an average of one alcohol-related fatality every 31 minutes. In the same year, there were over 254,000 injuries from alcohol-related accidents; that’s an average of one every two minutes. In 2006, there were 604 alcohol-related highway fatalities in Georgia; this number accounts for nearly one-third of Georgia’s total fatalities.
One bad decision - drinking and driving just one time - can destroy a life. Please don’t drink and drive.
If you or a loved one has been injured by a drunk driver, contact The Law Offices of Michael L. Neff as soon as possible. We must act quickly to investigate the accident and preserve evidence.
We aggressively pursue irresponsible drunk drivers and hold them accountable to the full extent of the law. As a victim, you can sue for negligence and punitive damages. You can punish the irresponsible behavior on the part of the drunk driver - and Jacqui Saburido would agree that you should punish such behavior. Too many innocent people have been victims of drunk drivers.
You may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. For example, if a restaurant served someone who was obviously intoxicated, then you can also hold the restaurant accountable for your injuries.
If you’ve been injured by a drunk driver, call (404) 531-9700 to schedule your free consultation with Michael Lawson Neff.
Labels: accident, car crashes, car wreck, drunk driver, drunk driving, DUI
The Kansas City Star reported that the Missouri Appeals court upheld a $16 million verdict against Allstate. On March 24, 2000, Wayne Davis Jr. got into his pickup while intoxicated, crossed the center line on U.S. 54 in Camden County and hit a compact car head-on.
The crash pushed the car back more than 100 feet. The driver and the passenger, Edward Johnson and his wife, Virginia, survived but suffered life-threatening injuries. Virginia was hospitalized for 40 days and Edward for 35 days. Their combined hospital bills totaled $320,000.
The Johnsons offered to settle for Davis’ minimal insurance policy limits of $50,000, but Allstate Insurance Co., did not respond for six months. That was after the statutory 60-day limit for accepting the settlement offer had expired.
Now Allstate has to pay much more for its failure to offer a reasonable settlement. On Tuesday, the Missouri Court of Appeals in Kansas City upheld a jury verdict that socked the insurer with more than $16 million in damages.
After Allstate failed to settle, the Johnsons sued Davis. He consented to a judgment in their favor of more than $5 million — $2.5 million in actual damages, $1.5 million in punitive damages and more than $1 million in prejudgment interest.
The Johnsons, however, agreed not to execute on the judgment in return for Davis’ assignment to them of most of his claim against Allstate for its refusal to settle.
The couple and Davis then sued Allstate in Jackson County Circuit Court, alleging the insurer had acted in bad faith when it did not timely respond to the Johnsons’ initial settlement offer.
Allstate claimed it lost the letter proposing the settlement and responded late because it did not receive the Johnsons’ medical records. The jury was unconvinced. On Nov. 8, 2006, it found that Allstate had acted in bad faith and unanimously awarded compensatory damages of $5.8 million plus 9 percent interest since the date of the judgment to the Johnsons. By a vote of 10-2, it also hit Allstate with $10.5 million in punitive damages.
Allstate appealed, and on Tuesday a three-judge panel of the Missouri Court of Appeals upheld the verdict. Judge Paul Spinden wrote, “Allstate’s failure to recognize the severity of the Johnsons’ injuries and the probability that the claim would far exceed Davis’s policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise Davis of the demand, his likely exposure for an excess judgment, and his right to retain counsel, are all circumstances supporting a reasonable inference that Allstate’s refusal to settle was in bad faith.”
Although Allstate argued that it was unsure the crash had caused the Johnsons’ injuries, Kansas City lawyer Walter Simpson, testifying as an expert witness, pointed out that they had to be cut out of the wreckage, were flown by helicopter to the hospital and received intensive care.
Mike Siemienas, a spokesman for Allstate, said the company was “disappointed the verdict was not overturned.”
Just a few weeks ago, Allstate settled another bad faith case in Kansas City on undisclosed terms. In that case, Jackson County Circuit Judge Michael Manners fined Allstate $25,000 per day — a penalty that ultimately grew to more than $7 million — for failing to comply with a court order directing it to turn over internal documents concerning its claim handling procedures.
The crash pushed the car back more than 100 feet. The driver and the passenger, Edward Johnson and his wife, Virginia, survived but suffered life-threatening injuries. Virginia was hospitalized for 40 days and Edward for 35 days. Their combined hospital bills totaled $320,000.
The Johnsons offered to settle for Davis’ minimal insurance policy limits of $50,000, but Allstate Insurance Co., did not respond for six months. That was after the statutory 60-day limit for accepting the settlement offer had expired.
Now Allstate has to pay much more for its failure to offer a reasonable settlement. On Tuesday, the Missouri Court of Appeals in Kansas City upheld a jury verdict that socked the insurer with more than $16 million in damages.
After Allstate failed to settle, the Johnsons sued Davis. He consented to a judgment in their favor of more than $5 million — $2.5 million in actual damages, $1.5 million in punitive damages and more than $1 million in prejudgment interest.
The Johnsons, however, agreed not to execute on the judgment in return for Davis’ assignment to them of most of his claim against Allstate for its refusal to settle.
The couple and Davis then sued Allstate in Jackson County Circuit Court, alleging the insurer had acted in bad faith when it did not timely respond to the Johnsons’ initial settlement offer.
Allstate claimed it lost the letter proposing the settlement and responded late because it did not receive the Johnsons’ medical records. The jury was unconvinced. On Nov. 8, 2006, it found that Allstate had acted in bad faith and unanimously awarded compensatory damages of $5.8 million plus 9 percent interest since the date of the judgment to the Johnsons. By a vote of 10-2, it also hit Allstate with $10.5 million in punitive damages.
Allstate appealed, and on Tuesday a three-judge panel of the Missouri Court of Appeals upheld the verdict. Judge Paul Spinden wrote, “Allstate’s failure to recognize the severity of the Johnsons’ injuries and the probability that the claim would far exceed Davis’s policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise Davis of the demand, his likely exposure for an excess judgment, and his right to retain counsel, are all circumstances supporting a reasonable inference that Allstate’s refusal to settle was in bad faith.”
Although Allstate argued that it was unsure the crash had caused the Johnsons’ injuries, Kansas City lawyer Walter Simpson, testifying as an expert witness, pointed out that they had to be cut out of the wreckage, were flown by helicopter to the hospital and received intensive care.
Mike Siemienas, a spokesman for Allstate, said the company was “disappointed the verdict was not overturned.”
Just a few weeks ago, Allstate settled another bad faith case in Kansas City on undisclosed terms. In that case, Jackson County Circuit Judge Michael Manners fined Allstate $25,000 per day — a penalty that ultimately grew to more than $7 million — for failing to comply with a court order directing it to turn over internal documents concerning its claim handling procedures.
Labels: Allstate insurance, bad faith, car crashes, drunk driver, DUI
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