Atlanta, Georgia Personal Injury Lawyer
“Let me know when you get to 12th grade,” Bass said he told her.
Unfortunately, Bass will not have the opportunity to see just what path his daughter would have chosen for herself in the end. Tanesha Leshay Williams died when a green Crown Victoria left the road and struck her while she was walking between her high school and her mother's home. The car also hit two other students, one male and one female, leaving them with nonfatal injuries. The seventeen year old driver of the Crown Victoria - who may or may not have been one of Williams' fellow students - also suffered some minor injuries as the result of losing control of the car.
Williams was rushed to hospital, but as far as her father is concerned, she died on the scene of the accident.
“It knocked the last wind out of her,” he said.
Alexandra Stamper, also fourteen and one of Williams few friends, talked with AJC after the incident. Stamper explained how she and the other girl had been friends since they met in middle school.
“I was the only person she would talk to,” Stamper said, then continued, “She was a very cool person when you got to know her.”
“I think she didn’t really feel that good about herself. She looked up to me. I would encourage her whenever I saw her to hold her head up because she was always walking like she was sad,” Stamper said explained.
Stamper left a teddy bear at the memorial students had built for Williams. While Williams was not well known, the fact that one of their schoolmates has died did not leave other Stone Mountain students unmoved. The fact has left many of the students shaken and aware of the dangers of losing control of a car.
“I just think people just gotta control their cars and know where they are going,” said Tyrelle Harrison, a seventeen year old junior at Stone Mountain.
Harrison walks to school every day, and on the day after Williams death, found himself walking on the opposite side of the road as he thought of what had happened.
Grief counselors have been made available to Stone Mountain High School students.
If you or someone you love has been injured by a driver, it is important to talk with an experienced Georgia car accident lawyer immediately. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, car accidents, car crashes, car wreck, driver safety
Toyota had blamed the heavily publicized sudden acceleration problem on floor mats that caused the gas pedal to stick. However, several consumers said that the acceleration in their Toyota had not been caused by the floor mat. For example, Elizabeth James, whose Toyota Prius suddenly accelerated to 90 MPH, said that her foot was not even on the gas pedal: "I'm absolutely certain that in my situation, it was not the floor mats."
Last week Toyota finally admitted that the sudden acceleration problems could not be caused by floor mats alone and announced a recall of 2.3 million vehicles.
“In recent months, Toyota has investigated isolated reports of sticking accelerator pedal mechanisms in certain vehicles without the presence of floor mats,” said Toyota Motor Sales Vice President Irv Miller. “Our investigation indicates that there is a possibility that certain accelerator pedal mechanisms may, in rare instances, mechanically stick in a partially depressed position or return slowly to the idle position.”
Apparently, wear and tear may cause the pedal sensor assembly to malfunction and possibly get stuck while engaged. Obviously, a stuck accelerator pedal that causes sudden acceleration will increase the risk of crash and injury.
Recalled vehicles include the 2009 Pontiac Vibe, 2005 to 2010 Toyota Avalon, 2007 to 2010 Toyota Camry, 2009 to 2010 Toyota Corolla, 2009 to 2010 Toyota Corolla Matrix, 2010 Toyota Highlander, 2009 to 2010 Toyota RAV4, 2008 to 2010 Toyota Sequoia, and 2007 to 2010 Toyota Tundra.
This recall of 2.3 million vehicles is separate from the previous recall of 4.2 Toyota and Lexus vehicles with defective floor mats. At the time of the previous recall, Toyota representatives denied that a mechanical problem might be behind the incidences of sudden acceleration. After the recall, ABC News aired a story which reported on 60 new cases of runaway Toyotas after the recall.
Toyota representatives have not said how the company plans to repair defective accelerator pedals. Simply replacing the part with another defective part would not remedy the situation. If you have one of the affected Toytoa vehicles listed above, call Toyota at 1-800-331-4331 for more information. You can also find more information at www.safecar.gov.
If you have one of the recalled vehicles, you should stop driving it until it is repaired. The sudden acceleration problem has caused several deaths. If you find yourself behind the wheel of a runaway Toyota, shift the car into neutral and firmly apply the brakes, including the emergency brake.
If you have been injured in an auto accident due to a defective part, contact an experienced Atlanta auto accident attorney immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, auto safety, avoid wrecks, product liability, product recall
Spokeswoman for the county Transportation Department Rochelle Ogershok confirmed that the settlement had been reached but did not know if it was a record-setting settlement.
“It was a tragic and unfortunate accident, and the county of course feels very badly that it occurred,” said Ogershok. “We feel the settlement was fair based on the circumstances surrounding the accident.”
The city of Seattle may pay a portion of the settlement due to a separate indemnification agreement, but the details of such an agreement are unclear at this time. Seattle had been named as a defendant in the lawsuit after King County argued that the accident occurred due to an unsafe intersection.
In the accident, operating room nurse Elizabeth Newman, 33 years old at the time of the accident, was hit by a Metro van. Newman was driving her scooter to work at the Swedish Medical Center at November 21, 2007 when the accident happened.
The Metro van driver, county employee Ricky Moore, passed a stop sign and failed to yield to Newman’s right of way, according to the lawsuit. The impact of the collision threw Newman 40 feet and caused severe internal injuries as well as leg fractures. Newman was in a coma for several days, and she had not recovered enough to return to work.
Dearie said the Newman was “the most extraordinary person I’ve been privileged to represent.”
Back in October 2009, Pierce County Superior Court Judge Brian Tollefson ruled that Newman was not liable for contributory negligence. (The judge was from Pierce County because cases involving county entities are sometimes heard in other counties.)
This cases shows that personal injury cases involving any level of government can be complicated. One level of government will often shift the blame for the accident to another level of government, just as the county blamed the city. Sometimes the law is different when you file a lawsuit against the government. Often, cases against government bodies are more difficult to win. Luckily Newman had an experienced attorney who knew how to push for an appropriate settlement.
If you or a loved one have been injured in an automobile accident, contact an experienced Georgia auto accident attorney immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation. We’ll push for a fair settlement, and if that doesn’t work, we’ll go to trial and argue for the compensation you deserve.
Labels: auto accident, personal injury
A November 2009 report from the National Highway Traffic Safety Administration (NHTSA) shows that young drivers ages 15 to 20 represent just 6 percent of licensed drivers but account for 19 percent of fatal crashes. Further, the NHTSA report points out:
Approximately two-thirds of the people killed in fatal young-driver crashes are the young drivers themselves or the passengers (of all ages) of the young drivers.
Of the passengers killed riding in vehicles with young drivers, 67 percent are in the same 15-to-20-year-old age group as the drivers.
Fifty-six percent of the fatal crashes and 57 percent of the fatalities involving young drivers occur on rural roadways.
The majority of passengers killed in teen driver accidents are other teens. Because of this fact, most states now have graduated driver’s licensing (GDL) programs for teens. Typically, the first stage of a GDL includes the learner’s permit, which allows the teen to drive only with another fully licensed adult in the vehicle. Stage two is the intermediate or provisional stage with various restrictions such as nighttime driving limits, driving curfews, and passenger restrictions (including restrictions on other teens passengers). Stage three is the full driver’s license.
Currently, 48 states plus the District of Columbia have nighttime restrictions in place for the provisional stage, and 42 states plus D.C. have passenger restrictions. The restrictions are typically lifted at age 18.
In Georgia, Joshua’s Law was passed in 2007. Along with the Teenage and Adult Driver and Responsibility Act (TADRA), Joshua’s law changed the process of licensing for teen drivers in Georgia and established a GDL system. In Georgia, a teen my apply for a learner’s permit at age 15. A teen with a learner’s permit must be accompanied by an adult age 21 or older with a class C license in order to drive. The intermediate drivers license in Georgia may be applied for at age 16 after a teen completes a driver education program. Teens with a class D intermediate license cannot drive between midnight and 6:00 a.m., and during the first six months they cannot have any passengers outside of immediate family. After six months, teens may carry one non-family passenger under the age of 21. After one year, teens drivers in Georgia may have up to three non-family passengers under 21. These restrictions have likely saved countless lives.
However, teen crash fatalities in Georgia area still high. In 2007, there were 300 fatalities involving young drivers in Georgia. Of these fatalities, 120 were teen drivers themselves.
If you have teen drivers in your family, be sure to talk to them about motor vehicle crashes. Talk to them about the dangers of speeding, drunk driving, and distracted driving; these risk factors cause the majority of teen wrecks.
If you’ve been seriously injured by a teen driver or any driver in Georgia, contact an experienced Georgia auto accident lawyer as soon as possible. Call MLN Law at 4094-531-9700 to schedule a free consultation.
Labels: auto accident, teen drivers, teenagers, wrongful death
Only six months ago, The Stokes News in North Carolina reported that Davis, a West Stokes High School senior at the time, had received a scholarship to attend college at Emory University. She was a native of King, NC, and a freshman at Oxford College of Emory University. Oxford College dean Stephen Bowen said the following in a statement: “It is with deep sadness that I must inform you that freshman Stephanie Davis died this morning from injuries sustained in a car/pedestrian accident last night near the Emory Atlanta campus. Her parents were with her this morning. Chaplain Lyn Pace will organize an Oxford community memorial service for Stephanie with more information being available in the next few days.”
“It always brightened my day to see her,” said Libba Cooper, a friend of Davis and member of King Moravian Church. “We’d always talk about her going to Emory. She was thrilled to have gotten into that school.”
Davis volunteered at her church and participated in the youth group, church members said. Sunday school teacher Jennifer Sealy said, “She was always a leader. I know she’s in good hands, and we’re going to miss her.”
A reader at 11alive.com commented, “I drive through this area several times a week and although there are several crosswalks established (with traffic lights) many students, faculty, and medical personnel attempt to cross the roads either against the light or outside of the crosswalks. Spending a little extra effort to use the crosswalk may help save a life.”
The Emory Wheel campus newspaper reported that Davis darted out into traffic and was struck by a Toyota RAV4 at 12:40 a.m. on Saturday, according to the motor vehicle accident report. Davis was rushed to the Emory University Hospital emergency room and transferred to Atlanta Medical Center for treatment of traumatic brain injury. She was pronounced dead at 11:11 a.m.
According to the report, Davis “sprinted in front of the vehicle in an attempt to cross ahead of it.” The driver, also an Emory student, was unable to stop. The driver had a green light, and there was no indication that the driver was under the influence of alcohol or drugs. No charges were filed against the driver. The investigation is ongoing.
The location of the accident is a windy, hilly residential area near campus. According to a friend, Davis was visiting a friend’s house near campus and walking to a party. According to the accident report, there were no signs that Davis was intoxicated or under the influence of drugs. Even though the driver was apparently not at fault, other factors - such as inadequate lighting, for instance - could have contributed to the accident.
Several fatal pedestrian accidents have occurred in Atlanta lately. In fact, Atlanta has been ranked as one of the most dangerous cities for pedestrians.
If you have been seriously injured in an Atlanta pedestrian accident, contact an experienced Atlanta auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, pedestrian
Data from the National Highway Traffic Safety Administration (NHTSA) show that in 2008, 56 percent of the nation’s 37,261 traffic fatalities occurred on rural roads. Only about 23 percent of the population lives in rural areas.
“There are more crashes in urban areas, but fewer of them result in fatalities,” said Lee Munnich, director of the Center for Excellence in Rural Safety at the University of Minnesota.
Overall, U.S. traffic fatalities decreased last year. The economic recession and high gas prices likely contributed to the decline in fatalities. However, rural roads had less of a decline in fatalities compared to urban roads.
Of course, people typically drive faster on rural roads, and this is probably the main reason for the higher rate of fatalities. Additionally, rural roads are generally not as well engineered or maintained as urban roads. Other factors in the higher rate of fatalities include more drunken driving on rural roads, less use of seat belts on rural roads, and slower response times for emergency medical care on rural roads.
In predominantly rural Montana, for example, the average response time for emergency rescue is approximately 80 minutes, compared to 15 minutes in Massachusetts.
Several states are making efforts to reduce fatalities on rural roads. Some states are widening rural roads. In South Carolina, where 95 percent of traffic fatalities last year happened on rural roads (this is the highest rate in the nation), officials are retrofitting 1,600 miles of rural roads with rumble strips to alert drivers when they’re driving off the pavement. The South Carolina highway patrol has also created a drunk driving unit because approximately 80 percent of the state’s traffic fatalities involve alcohol. In Montana, officials are building crossing points for deer, elk, and bear to keep the animals off the roads. In Iowa, officials are using public information campaigns to encourage the use of seat belts in rural areas. The state is also adding center-line rumble strips to alert drivers that are crossing the center line into oncoming traffic. Officials in Missouri are also campaigning to increase seat belt use on rural roads and adding rumble strips to center lines and edges of rural roads.
In Georgia, 47 percent of the 1,493 traffic fatalities in 2008 occurred on rural roads. This is in stark contrast to the neighboring state of South Carolina, where 95 percent of fatalities occurred on rural roads.
As we move into the holiday season, it’s important to be especially careful while driving on both rural roads and urban roads. More intoxicated drivers will be on the roads, and defensive driving is necessary.
If you’ve been injured in an auto accident, contact a Georgia auto accident attorney as soon as possible. You may be entitled to recovery, but time is of the essence. You must act fast. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, traffic wreck
The name of the female crossing guard has not been released. The school crossing guard was escorting a 9-year-old boy across the street when the incident happened, according to Officer Otis Williams, III, spokesman for the Clayton County Police Department.
“As they proceeded to go across the road, a blue 1998 Dodge Caravan was traveling southbound on West Lee’s Mill Road. It did not stop and struck both pedestrians,” reported Willis.
The student was not taken to a hospital. Willis said, “The juvenile’s moth responded to the scene, and he was released to her.”
“Clayton County rescue responded, and the crossing guard was transported to Henry Medical Center,” Willis said. He said the crossing guard suffered minor injuries.
As for the driver, his driver’s license was suspended in 1995, according to Willis. The driver was taken to the hospital after he complained of feeling ill.
“Adults need to be aware of the school season and pedestrians, and be aware of their surroundings,” Willis stressed. “Slow down when you see a crossing guard, and render them the same respect that you would the law enforcement.”
Over the weekend, a pedestrian was struck by a car and killed on a seven-lane highway in Gwinnett County. The police identified the victim as Emilia Ortiz and have determined that the driver was not at fault. Police received a report that a woman was trying to cross a busy highway at Peachtree Parkway just north of Holcomb Bridge Road. Officers did not arrive in time. Ortiz was struck by a Mercedes Benz, and she was pronounced dead at the scene.
“It does not appear that alcohol or speed contributed to the collision,” said Officer Edwin Ritter. “There are no criminal charges pending against the driver.”
Witnesses speculated that Ortiz was trying to make it to a nearby bus stop. One witness said, “There are always people trying to cross the road right there.” Perhaps it’s time to consider a crosswalk near the bus stop.
Another pedestrian died over the weekend after stepping in front of a vehicle on Six Flags Drive in Austell on Friday night. Juan Guadalupe Colon, 26, died on Saturday morning. Police do not expect to file charges against the driver in this case, either.
Both of the recent pedestrian fatalities occurred in the early evening hours. Keep in mind that it’s getting dark much earlier now. If you plan to be walking in the Atlanta area after dark, be sure to wear some type of reflective clothing, and always use crosswalks. Atlanta was recently named one of the most dangerous cities for pedestrians.
If you’ve been injured in a pedestrian accident or auto accident due to negligence, contact an Atlanta auto accident attorney as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, pedestrian
The survey asked 800 teens ages 12 to 17 about their experiences with cell phone use in cars (as passengers and drivers). The Pew Research Center also teamed up with the University of Michigan between June and October to conduct nine focus groups on driving and mobile phone use with teens ages 12 to 18.
Here are the major findings from the survey as well as the focus groups:
- 75 percent of American teens between 12 and 17 own cell phones
- 66 percent of American teens between 12 and 17 use cell phones to send or receive text messages
- Older teens are more likely than younger teens to have cell phones and use text messaging services
- 82 percent of teens 16 to 17 have cell phones and 74 percent of them use text messaging
- 34 percent of texting teens 16 to 17 say that they have texted while driving
- 26 percent of all American teens 16 to 17 have texted while driving
- 52 percent of teens 16 to 17 with cell phones say that they have talked on a cell phone while driving
- 43 percent of all American teens 16 to 17 have talked on a cell phone while driving
- 48 percent of all American teens 12 to 17 have been in a car when the driver was texting while driving
- 40 percent of all American teens 12 to 17 have been in a car when the driver used a cell phone in a way that put themselves or others in danger
The problem of distracted driving continues to grow. Texting while driving is of particular concern. Several states, including Oregon, California, and Connecticut, have already passed laws to ban all texting or talking on handheld phones while driving. The Senate is currently considering a bill that would provide federal funding to states that enact similar laws to bans texting while driving. A recent executive order from President Obama bans texting while driving for all federal workers while on the job.
The National Highway Traffic Safety Administration reports that there were 5,870 fatalities and 515,000 injuries in wrecks in which at least one driver was distracted. Researchers from the Virginia Tech Transportation Institute reported earlier this year that text messaging carries the highest risk of all cell phone related behaviors behind the wheel. The researchers also noted that teen drivers are at a much higher crash risk compared to other drivers.
If you need to use your handheld cell phone while you’re driving, please pull over first. Park your vehicle before you text or call. With all of our modern electronic distractions, it’s easy to forget that automobiles can turn into lethal weapons if we take our eyes off the road for just a couple of seconds.
If you have been injured by a distracted driver or careless driver, contact an Atlanta auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, distracted drivers, driving and texting
Clarence Ditlow, executive director of the Center for Auto Safety Clarence Ditlow signed a petition which reads, “The fuel tank of the Grand Cherokee is plastic and extends below the rear bumper so there is nothing to protect the tank from a direct hit in a rollover or by a vehicle with a low front profile or one lowered by pre-impact braking.”
NHTSA claims that only one death and nine injuries have been related to fuel fires in reported accidents. However, the Center for Auto Safety says that NHTSA files show that between 1992 and 1998 there were 172 Jeep Grand Cherokee crashes involving fires that caused 254 deaths.
The fuel tank is not properly shielded from impact, and the fuel filler neck can be ripped off during an accident and cause a fuel leak, according to the Center for Auto Safety.
Chrysler released a statement which read: “Chrysler group is confident that a study which considered all factors in all collisions - including rear collisions with fire - would show that the 1993 - 2004 Jeep Grand Cherokees perform as well as or better than other vehicles in their class. The 1993 - 2004 Jeep Grand Cherokee meets or exceeds all applicable federal safety standards and has an excellent safety record.”
Then why did the automaker relocate and shield the fuel tank in 2005? This fact strengthens the argument from the Center for Auto Safety. Since the tank was relocated and shielded, there has only been one crash involving a fatal fire, according to the Center for Auto Safety.
The Center for Auto Safety filed the petition for an investigation by the NHTSA in October. If NHTSA begins an investigation, it could affect approximately 3 million Jeep Grand Cherokees. The investigation, if opened, could take years before a ruling is issued on a potential recall.
I don’t understand why automakers don’t place more importance on protecting the fuel tank. After all, gasoline is an explosive substance. For years, GM trucks were manufactured with gas tanks on the side of the truck, outside of the frame rails with no protection. In some cars, including the Ford Crown Victoria, the fuel tank is located behind the rear axle. This can result in terrible fires in rear collision accidents.
If you or a loved one have been injured in a car wreck due to a potentially defective part or reckless behavior on the part of another driver, contact an experienced Atlanta auto wreck attorney as soon as possible. An attorney can advise your of your legal rights and help you get the compensation you deserve. Contact MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, product liability
The inflatable rear seat belts will be available in the next Ford Explorer. They will become available in other vehicles at a later time. The inflatable seat belts contain a an air bag that’s folded like an accordion within the seat belt. During a collision, the bag fills with air.
Ford says that the seat belt’s increased diameter helps to spread the force of impact across a wide surface area, thereby dampening the pressure and reducing the risk of injury. The inflatable safety belt should also help to limit traumatic brain injuries as well as neck and chest injuries by keeping passengers in the upright seated position.
Paul Mascarenas, vice president of engineering and product development at Ford, said, “Ford is pioneering inflatable seat belt technology to help enhance crash safety protection.
The belts inflate in just 40 milliseconds in the event of a crash. Cold compressed gas inflates the bag within the belt. The belt remains inflated for several seconds before air is slowly dispersed through pores in the air bag. The belts were developed over a period of several years with “extensive trial and error,” according to Ford.
Sue Cischke, vice president of sustainability, environmental and safety engineering at ford, said, “This is another unique family technology that builds on our safety leadership.
Ford was the first automobile manufacturing company to introduce the seat belt in 1955. Since then, however, Ford has been criticized for some safety issues. In the 1990s, for instance, auto safety advocates criticized the Ford Explorer because of its high incidence of rollovers.
Perhaps these new inflatable seat belts will mark the beginning of a new reputation for Ford Motor Company.
“It’s a better form of seat belt. There’s no doubt about it. The advantage is similar to an airbag, in that it spreads the crash forces over a larger area,” said Clarence Ditlow, executive director of the Center for Auto Safety.
According to Ford, research shows that the inflatable seat belts not only offer enhanced safety but they’re also just as comfortable or more comfortable than standard seat belts. The auto company hopes that the improved comfort will motivate more back seat passengers to use seat belts. National Highway Traffic Safety Administration (NHTSA) statistics show that only 61 percent of rear seat passengers use seat belts, compared to 82 percent of passengers in the front seat.
“Part of the slowness in getting inflatable belts into the market has been the low rate of belt use in the past,” said Adrian Lund, president of the Insurance Institute for Highway Safety. Lund hopes that the inflatable seat belts will encourage more people to buckle up.
If you or a loved one have been injured in an auto accident, contact an experienced Georgia auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, avoiding personal injury
Seong Bae Choi and Chris Chan Park of Los Angeles filed the lawsuit in Riverside County Superior Court. Choi owns a 2004 Camry, while Park owns a 2008 FJ Cruiser. Both drivers have experienced sudden acceleration problems.
Toyota previously issued a recall involving 3.8 million vehicles, claiming that defective floor mats could cause the acceleration pedal to get stuck. However, this class action lawsuit alleges that a throttle control system defect is also behind the acceleration problems. The plaintiffs say that the electronic throttle control system, ETCS-i, has caused at least some of the accidents. The plaintiffs allege that the original design included a safety feature to prevent sudden acceleration but that the company decided to produce cars without the safety feature beginning in 2001. The class action lawsuit calls for a recall of all affected models with defective ETCS-i systems.
The National Highway Traffic Safety Administration (NHTSA) previously reported that the floor mats accounted for the acceleration problems and that they did not find an electronic problems. However, the NHTSA recently said that this matter is not closed. A recent NHTSA statement announced, “Toyota has announced a safety recall involving 3.8 million vehicles in which the accelerator pedal may become stuck at high vehicle speeds due to interference by the driver’s side floor mat, which is obviously a very dangerous situation. Toyota has written to vehicle owners stating that it has decided that a safety defect exists in their vehicles and asking owners to remove all floor mats while the company is developing a remedy. We believe consumers should follow Toyota's recommendation to address the most immediate safety risk. However, removal of the mats is simply an interim measure, not a remedy of the underlying defect in the vehicles. NHTSA is discussing with Toyota what the appropriate vehicle remedy or remedies will be. This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy.”
The acceleration problems have gained more press exposure following an accident in California which killed a state trooper and three of his family members. The 911 recording from his brother-in-law in the backseat has been widely played. In this incident, a Lexus accelerated to 120 miles per hour before crashing and bursting into flames. Witnesses reported that the car’s tires were on fire minutes before the accident. This suggests that the driver was hitting the brakes.
If you own a Toyota or Lexus - especially if it was made in 2001 or later - be aware of the acceleration problem. If your car suddenly accelerates, do not turn off the engine. This could cause you to lose power steering. Put your foot on the brake and shift the car into neutral. Keep your eye on the road as the car slows down. Turn off the engine once the vehicle stops.
If you have questions about your legal rights after a car accident, contact an experienced Atlanta auto accident attorney. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, product liability
Curtis did not have any alcohol in her system. However, her phone showed that she had exchanged nearly two dozen text messages in the hour before the crash. The last incoming text message, which was never opened, was received just seconds before the crash.
The evidence on her phone landed Curtis in jail. The British government considers texting as a serious aggravated factor in “death by driving.” The laws generally recommend four to seven years in prison. The sentence has sparked debate.
Bill Sykes, the police officer in charge of the investigation, said, “She came across as a lovely girl, and I’m sure it wasn’t a nice feeling for the judge to send someone like this to prison - but someone is dead because of a text message.”
McBryde’s mother called the 21-month sentence “unduly lenient.” But not everyone agreed. Gemma Pancoust, cousin of the McBryde, said, “I think Phillipa’s sentence was long enough, as she seemed like such a normal girl. Until Tory’s death I texted while driving, as have most people. I don’t think she realized the danger she was causing.”
In fact, records show that the victim had sent a text message while driving her car shortly before it broke down on the side of the road. Part of McBryde’s vehicle extended into the roadway because there was no shoulder where it broke down. The court case revolved around evidence that Curtis made no effort to brake or swerve to avoid the car. Police demonstrated that it should have been visible from 300 yards back on the highway.
“How could she not see it, given that the night was clear and the car’s lights were on? She was clearly distracted,” said Sykes.
Curtis’ lawyer proved that Curtis had not been sending a text in the moments before the crash. The prosecution argued that, in light of the text conversation, the new message which had arrived seconds before the crash had likely distracted her. This message was never opened, but prosecutors said she was unable to resist trying to do so.
“Since she had read all messages before, she was probably looking to read this one, too,” Sykes said.
Britain has cracked down on texting while driving. Curtis was found guilty and sent to jail even though she was not texting at the time of the accident because the laws regard “reading or composing text messages over a period of time” as a “gross avoidable distraction.” Such behavior falls into the same category as driving under the influence or road racing.
Have you been seriously injured by a distracted driver, or have you lost a loved one in an auto accident? If so, contact an experienced Georgia car wreck lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, text messaging
The month-long trial, which began September 14, revolved around a 2005 lawsuit against Ford Motor Company over a rollover accident that occurred in 2003 near Douglasville, GA, west of Atlanta. Duckett, 28, was a passenger in a Mercury Mountaineer that rolled over. Her left arm was paralyzed and her right leg was amputated following the accident. Duckett also suffered some brain damage.
The lawsuit claimed that the Mercury Mountaineer was unstable and rolled over too easily. Before the accident, the Mercury Mountaineer had suddenly swerved to the left to avoid another vehicle. The Mountaineer lost control and rolled over four and a half times, coming to a rest upside-down. The accident killed two people and injured two others, including Duckett.
Attorneys for the plaintiff argued that Ford Motor Co. caused the accident because they negligently designed, manufactured, produced, and distributed the vehicle. The Mountaineer was defective, dangerous and lacked sufficient stability to prevent it from rolling over, said the trial team. They also argued that Ford Motor Co. was aware of this defect but did not correct it or issue a recall.
"Ford Motor Company took a calculated risk by manufacturing defective vehicles," said attorney Willie Gary. "As a result of their negligence, our client suffered loss of her right leg. No amount of money will ever be able to replace her leg or her quality of life.”
“We hope that this verdict will send a message to all manufacturers to cure or recall vehicles with known defects that can destroy the life and health of our citizens,” said attorney Jason Knowles.
Writing on injuryboard.com, attorney Mark Bello replied to comments which stated that large awards such as this one are “killing business” and that the accident victim was “looking for a hand out or welfare”:
The verdict was returned based on the horror of the accident and her mental state following it, her catastrophic, disfiguring injuries, her age and life expectancy living with a disability and disfigurement, the severe pain she suffered and continues to suffer, her hospitalization, painful medical treatment, her past and future medical expenses, orthopedic appliances, modifications that she must make to her lifestyle, her residence, her vehicles, accommodations that must be made by her friends and family. Her life is forever altered by this accident. Maybe, some of the money was paid to "punish" the guilty to make sure that it doesn't happen again. Is that a bad thing?
One thing I am certain of, Latoya Duckett didn't ask for this to happen, she is not happy that it happened, and this is, in no way shape or form "a hand out or welfare." Compensation for being maimed and disabled for life is not a "hand out"; it is not "welfare," and you owe this unfortunate lady an apology. All of us are just one brief, unfortunate, moment away from being a serious accident victim. If you were as severely injured as Latoya Duckett and could prove who was responsible in court, how much would the destruction of your good health be worth? Walk a mile on her one leg; lift your groceries or your infant son or daughter with only one good arm. Ponder that, answer that, and then pass judgment on the justice received in her case.
I have to agree with Mark Bello. Product liability lawsuits play an important role in our society - namely, they save lives by providing incentives for manufacturers to produce safe products.
If you or a loved one have been injured in an auto accident, contact an experienced Atlanta, Georgia auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, product liability
On Sunday the Wall Street Journal published an article about Melissa Cruz, who collided with a pickup truck coming to a screeching halt at a busy intersection. Behind the wheel, Cruz did everything right. But she made a big mistake after the accident: she apologized to the driver of the truck.
Automatically saying “I’m sorry” (even when not at fault) is a bad habit for some people. You should resist the temptation to apologize at the scene of an accident (even if you think that you were at fault). Your words at the scene of an accident can mean the difference between a big insurance check and a long, drawn-out legal battle.
“I thought apologizing was the right thing to do no matter whose fault it was,” said Cruz. “It turned against me, though.”
Even though the police report stated that the truck driver was speeding, Cruz’s apology to the other driver slowed down the entire insurance claims process.
Because of Cruz’s apology, the other drive instigated a “blame game” which appeared in the police report. As a result, it took four months for Cruz to get a $1,100 check from her insurance company.
Amy Danise of insure.com points out that saying “I’m sorry” after an accident can be viewed as an admission of fault. Stick to the facts and say as little as possible. If you’re not sure about the facts, don’t say anything! Let the authorities and insurance agents sort through the facts.
“The last thing you want to do is backtrack to explain what happened,” said Danise. “A few words can make a big difference.”
Other tips for playing it smart after a car wreck:
Call 911 to report the accident as soon as possible. Let the 911 operator know of any injuries or possible injuries.
Do not move your vehicle unless the police or another authority asks you to do so.
When you talk to the police, tell the truth and stick to the facts. Try to remain calm and avoid getting emotional.
Make sure to exchange insurance information with the other driver, or make sure that the police will give the other driver’s information to you. If you have the opportunity, check to the coverage date on the other driver’s insurance.
Collect contact information from any witnesses before they have the opportunity to leave.
Get contact information for the responding officer.
Take photos of the scene. If you don’t have a cell phone camera or digital camera on you, buy a disposable camera if possible. It would be a good idea to keep a disposable camera in your vehicle just in case you need it.
Don’t forget to call your insurance company to file an accident report.
If you are injured, seek medical assistance immediately. Make sure that your doctor documents any injuries.
In the case of serious injuries, you should talk to a lawyer about your legal rights. Contact a lawyer as soon as possible so that the law firm can collect relevant evidence. To schedule a free consultation with an experienced Georgia accident attorney, call MLN law at 404-531-9700.
Labels: auto accident, auto insurance, insurance claims
Teenage drivers are typically inexperienced, easily distracted, and more careless than adult drivers. What can parents do to reduce the risk that their teenage driver will have an accident? The October issue of the journal Pediatrics includes two articles that suggest advice for parents of teen drivers.
In the article “Primary Access to Vehicles Increases Risky Teen Driving Behaviors and Crashes: National Perspective,” the authors found that 25 percent of teens who had primary access to vehicles had been involved in crashes. Only 10 percent of teenagers with shared vehicle access had been involved in accidents. The researchers also found that, when compared to drivers with shared access, drivers with primary access are more likely to use cell phones while driving and drive over the speed limit.
Why is that? Perhaps teens with primary access to a vehicle tend to think, “This is my car, so I can do what I want” (even if their parents bought the car for them). On the other hand, when teenagers have to ask for the car keys, they’re more likely to be careful behind the wheel, and parents are in a better position to monitor driving habits and behaviors.
A friend of mine waited until a year after her daughter got her driver’s license before she helped her daughter buy a used car. The daughter has never had a wreck or gotten a ticket. If you have a teenager, consider waiting a year or two before buying them a car of their own. They probably won’t be happy with the decision, but it just might save their life (or the life of someone else).
In the other Pediatrics article titled “Associations Between Parenting Styles and Teen Driving, Safety-Related Behaviors and Attitudes,” researchers examined how different parenting styles affect teenage driving. In the study, 50 percent of the parents were authoritative, 23 percent were permissive, 8 percent were authoritarian, and 19 percent were uninvolved. Authoritative parents were defined by high support and high control; permissive parents had high support and low control; authoritarian parents had low support and high control; and uninvolved parents exhibited low support and low control.
Can you guess which parents had the safest teenage drivers? Authoritative parents who offered both support and control had the safest teen drivers. Compared to teens with uninvolved parents, those with authoritative parents had half the crash risk, and they were 71 percent less likely to drive while intoxicated. They were also less likely to use a cell phone while driving. Teens with authoritative or authoritarian parents used seat belts twice as often and reported speeding half as often as teen drivers with uninvolved parents. In this study, there was no significant difference between permissive and uninvolved parents.
The study suggests that parents of teenage drivers should lay down the rules while offering emotional support. Make sure that your teenager is well aware of the risks of driving. Treat your teen like an adult. Work with your teenage driver to develop a written list of driving rules. When your teen breaks a rule, enforce the rules by temporarily restricting driving privileges.
If you need the legal advice of an experienced Georgia auto accident attorney, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, avoid wrecks, car crashes, teen drivers, teenagers
Andrzej Chraca, 38, received the award after a two-week trial on his 2004 automobile collision with Steve Miles, an Illinois Department of Transportation employee. Mile’s IDOT truck struck Chraca’s SUV in the accident.
During the trial, both drivers insisted that they had a green light, and police could not determine which driver was at fault. Six eyewitnesses gave conflicting testimony. The jury found for Chrace, apparently because his car was struck by Miles’ vehicle.
Chraca’s attorney Martin Healy, Jr., said, “You have to separate the case into liability and damages. Once they determined he was not the one who was primarily responsible for it and the were going to find for him, then you look at damages. The large verdict is justified by the injuries that were incurred, terrible injuries. He is going to suffer every day of his life.”
Both Chraca and Miles sustained back fractures and partial paralysis. Chraca is now a paraplegic. The wreck fractured a vertebra in his spine. He cannot walk without leg braces and a walker, and he typically uses a wheelchair. Neither Chraca nor Miles has returned to work since the accident.
“After five years, that’s what came over me, that I was vindicated,” Chraca said. He added that the monetary judgment would not make up for his permanent disability.
The jury award was initially more than $25 million, but the jury found that Chraca was 5 percent negligent and responsible for the accident because he was driving over the speed limit. This reduced his total award to $23.8 million. However, his attorney is not sure if Chraca will be able to collect the full amount: “There are limitations, and I’ll be honest with you, it’s going to be subject to other litigation.”
The Illinois Department of Transportation, Miles’ employer, will be responsible for $2 million in the judgment; this amount will be covered by insurance. Natalie Bauer, spokesperson for the Illinois Attorney General’s Office, said, “We’re reviewing the judgment at this point and considering post-trial motions.”
Spine injuries like the one sustained by Chraca often result in partial or complete paralysis, and recovery can be a long, difficult process.
If you are ever injured in a automobile accident, call 911 immediately. Do not discuss the accident until police arrive. Never admit fault. Collect contact information from witnesses, and take photos if possible. If you don’t have a cell phone camera, buy a disposable camera. Evidence may be lost if you don’t take photos immediately. See a doctor as soon as possible and make sure that your injuries are documented. Contact a personal injury attorney as soon as possible, too. The faster you act, the better your case will be. If you have questions about your legal rights, contact Georgia accident lawyer Michael Neff to schedule a free consultation.
Labels: auto accident, car wreck, spine injury
In most cases, an MRI is required to diagnose a herniated disc or ruptured disc. X-rays will not show all herniated disc injuries. However, emergency room doctors normally don't order MRIs after auto accidents. MRIs are very expensive tests, and insurance companies discourage them. Many times, the patient must insist on an MRI to check for a herniated disc.
Auto accident victims may not feel the full extent of pain from a herniated disc immediately after a car wreck. The adrenaline from the accident can mask some of the pain, and most people just want to get out of the hospital and go home as soon as possible. If you're in a car wreck and think that you might have a herniated disc, go ahead and request an MRI while you're in the emergency room. If you do indeed have a herniated disc, the MRI will prove that it was caused by the accident. If you wait too long before you get an MRI, the insurance company involved can argue that the accident did not cause the injury.
Herniated Disc Injury Symptoms after Auto Accidents
In most cases, the injured person will feel the actual herniation or rupturing of the disc. It may feel like something has popped or slipped in your back or neck. Pain usually follows immediately, although you may not feel the pain until later.
If the back pain continues for several days after the accident and you have not been diagnosed with a disc injury, see your doctor as soon as possible. A herniated disc or ruptured disc can press on nerves from the spinal cord, and this pressure can cause pain and other uncomfortable sensations in the back, buttocks, legs, or arms, depending on the location of the nerve. The sensations may range from a numb feeling to a sharp pain that may shoot all the way down to the feet. It may feel like a tingling sensation or pins and needles. Sometimes the only symptom is muscle weakness. If the injured disc is not treated quickly, herniated disc pain could transform into chronic pain.
You may also feel muscle spasms and tightness after a herniated disc injury. After an injury, the muscles in the back may tighten up as a protective mechanism to limit movement and prevent further injury. Other muscles in the body may tighten up as well. It’s as if the body is saying, “You’re injured severely. Don’t move.” Indeed, symptoms are the body’s method of communication. Listen to your symptoms and respect your body’s wisdom. See a doctor and request and MRI as soon as possible.
If you have a herniated disc, treatment may be expensive. Treatments often include physical therapy as well as surgery. During a discectomy, a surgeon removes the herniated disc to relieve the pressure on the spinal cord. You should also seek legal representation as soon as possible to ensure the you receive fair compensation from the insurance company and/or the party at fault for the accident. See Auto Accidents and Disc Injuries to learn more. If have any questions about your legal rights following an accident, or if you’re seeking an Atlanta disc injury attorney or Atlanta auto accident attorney, contact MLN Law at 404-531-9700 to schedule a free consultation with an experienced attorney.
Labels: auto accident, back injury, herniated disc
Officials expected fewer accidents. The estimate for the number of crashes was 1,725. The actual number of crashes was higher than the estimate. However, estimates for the number of injuries and deaths were low. The Department of Public Safety estimated 975 injuries and 18 deaths. Thankfully, even though there were more accidents than expected, there were not as many injuries or fatalities.
In 2008, there were 1,660 crashes, 798 injuries, and 19 deaths. Crashes increased by 571 this year.
Fatal crashes were reported by Cobb County Police and Georgia State Patrol posts in Conyers, Gainesville (2), Jasper, Marietta, Milledgeville, Thomson, and Waycross.
Sadly, even a Gwinnett Police Officer was arrested for DUI after hitting another car.
When traffic increases, the number of accidents increases. The next major holiday travel period will be Thanksgiving. It’s important to be extra careful during these periods of heavy travel.
Follow these tips to reduce your chances of being involved in an accident:
Never drive under the influence of alcohol or ride with someone who has been drinking.
Never read, send text messages, or apply make-up while driving. Distracted driving is a major cause of unnecessary accidents. If your phone rings, or if you receive a message, just wait until you’ve come to a stop before you reach for your cell phone.
Always drive under the speed limit and use your turn signals.
Never drive when you’re sleepy. Stop and get some rest. A lack of sleep will slow down your reaction times.
Keep up with the maintenance on your car. If you’re going on a long trip, get a professional service check before you leave. Make a habit of checking your tires before you get in your car.
If you are involved in an accident, call 911 immediately. Do not discuss the wreck with anyone until the police arrive. Collect contact information from any witnesses.
If you have a camera on you, take photos of the scene. If you don’t have a camera, try to get a disposable camera and take pictures as soon as possible.
If you feel like you’ve been injured even slightly, see a doctor immediately. You should also contact a lawyer immediately before crucial evidence disappears. An experienced attorney can help you get monetary compensation for your injuries. Time is of the essence. Talk to an attorney as soon as possible.
If you’ve been injured in an auto accident and need a Georgia accident lawyer, call MLN Law at 404-531-9700 to schedule your free consultation. We’ll stand up for your rights and make sure you get the compensation you deserve.
Labels: auto accident, car crashes
This morning the Atlanta Journal-Constitution reported that a Lincoln Navigator slammed into 60-year-old George Michael Bryant’s house on Saturday night as Bryant watched television with his wife, daughter, and two grandchildren.
Bryant, who was a retired Vietnam War veteran, was killed by the crash. His wife Joyce is expected to be released from the Atlanta Medical Center today, and his 9-year-old granddaughter Aylisha Walters is recovering at Cihldren’s Healthcare of Atlanta. The granddaughter is in fair condition.
Bryant’s daughter and 13-year-old grandson were treated at a local hospital and released.
The driver of the SUV, according to police, was William Steward, 47, of Douglas County. Steward was taken to Grady Hospital. His current condition has not been released.
“I’m hoping he’s going to get what he deserves,” said Bryant’s nephew Jeremy Bryant.
The Navigator SUV was traveling at a high rate of speed, and it knocked down mailboxes and bushes and hit a parked car before crashing into the one-story home off Berea Road.
“I’ve been a coroner for 27 years, and I’ve never seen nothing like this,” said Douglas County coroner Randy Daniel. “Never. Never.”
Douglas County spokesman Wes Tallon reported that the SUV almost went all the way to the back wall of the house, and he said, “We have no idea why this happened.”
Joyce Bryant said that she heard a boom and the lights went out. The next thing she knew, she was pinned up under the SUV and could feel the heat of the engine. It’s thought that George Bryant received the full impact of the crash.
Neighbor Mark Miller said that people often drive too fast through the neighborhood. The speed limit is 35 miles per hour.
“People just fly down this road,” said Miller. “There’s a curve right before you get to the corner. They’ll come around the curve and lose control.”
“It looks like a bus hit it,” Miller said of his neighbor’s house.
The fire department put a tarp over the whole in the Bryant home, and the family is currently staying in a hotel.
The driver’s blood will be tested for alcohol, and he could face a charge of vehicular homicide, according to Lt. Paul Cosper.
“They’ll collect all the evidence and then make the appropriate charge,” said Cosper.
Bryant was a combat veteran of the Vietnam War who was on disability. He loved to hunt and fish.
“He was just a good family guy,” said his nephew Jeremy Bryant. “That’s mostly what he did, just be around his family and his grandkids.”
It’s sad to think that a family is not safe from dangerous drivers even when they’re sitting in their own living room.
If you’ve been injured in an auto accident, you may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation with an experienced attorney.
UPDATE: Steward, the driver, has been charged with vehicular homicide, driving under the influence, failure to maintain lane, and two counts of serious injury by reckless driving. He is currently being held at the Douglas County Jail.
Labels: auto accident
What’s worse, college students say they ignore anti-texting and driving laws and even continue to text or check email after they’ve experienced a close call while doing so.
All these findings came about through a study conducted by Tamyra Pierce, an associate professor of mass communication and journalism at Fresno State in California.
California successfully banned drivers from using cell phone handsets back in 2006, and according to Pierce’s study, 87% of the study subjects were aware of the law. Still, 49% of the 409 students she surveyed admitted that they still used cell phone handsets, texted or checked email while behind the wheel. Of the college students who admitted to illegal behavior, 84% reported that they text while driving.
Pierce conducted a similar study last year, and at the time only 62% of young people surveyed admitted to texting while driving.
“Texting while driving is hazardous at any age but it is especially dangerous for younger drivers who have not yet gained adequate driving experience,” says Ms. Pierce. “Those few seconds one looks away from the road to text on the cell phone may be the seconds the driver needs to prevent an accident -- one that may be fatal.”
Past studies have found that texting while driving reduces reaction and control times even more than drinking and driving – 35 percent vs. 12 percent with a blood alcohol level within the legal limit. In addition, texting while driving also reduces steering and control of car by 91 percent. As we reported here on the MLN Law Blog last week, even driving while talking on a cell phone – with or without using a handset – was proven to cause approximately 1,000 fatalities back in relatively less cell-phone-happy 2002, the only year study data is available.
College students have created a virtual culture of texting. Of Pierce’s survey respondents -- 196 females and 213 males age 18-25 – a majority had owned a cell phone more than five years and 99 percent had texting capabilities. The survey found that 52 percent had a Bluetooth or other hands-free device, 81 percent had “unlimited” texting service and average usage was 1,000-3,000 texts per month.
When asked if their texting had caused any consequences, 33 percent answered that they almost hit something while texting, 21 percent missed a turn, 8 percent ran off the road, 3 percent got into an accident and 2 percent ran a red light, hit something or got a ticket.
Labels: auto accident, driving and texting, teen drivers, teens and technology
Think about the last time you had a close call in the car. How did you react? Chances are, as an experienced driver, your instincts took over. If someone tried to change lanes without seeing you, you honked the horn or, because you were aware of road conditions, carefully maneuvered your car out of harm’s way. Now imagine you are 16 and newly licensed. Even small incidents like a car starting to swerve into a their lane can cause big trouble for an inexperienced teen driver. Why?
Because of over correcting.
Master Police Officer James Poer III has stated that over correcting a vehicle is one of the most common mistakes he has seen among teen drivers. To bring the point home, just last week, a wreck on Tara Boulevard in Clayton County, Georgia left a teenage boy in critical condition all because he over corrected.
Over correction occurs when a teen driver faces a situation on the road to which he is unaccustomed. Because he isn’t an experienced driver, his natural instinct is to turn the wheel quickly to avoid an accident. Unfortunately, when a car or truck is over corrected, momentum makes the vehicle continue to go forward while the sudden change of direction makes the rear of the vehicle veer in another direction. When the inexperienced driver perceives that he has turned the wheel too far and fast, he immediately turns it back in the other direction, causing a total loss of control. Many times, as happened in the Clayton County accident, the car will go into a roll. In that case, the car rolled and ended up in the opposite lane of traffic where the critically ill teenager was found by rescue workers hanging from a passenger window.
The only way to stop your teens from falling into the over correction trap is to make sure they have enough driving experience to deal with difficult situations. Poer recommends taking your child to a large empty parking lot and instructing them to gently swerve their vehicle back and forth. This will teach teens to control a vehicle without making the potentially deadly mistake of over correcting.
As if the example of the tragedy in Clayton County weren’t enough, this YouTube video, taken from the dash cam of a Michigan police officer, shows the potential danger of over correcting. (Before viewing, note that the driver came away with only minor injuries. The driver and the officer you see in the video both credit the use of a seatbelt with saving her life.)
Labels: auto accident, car accidents, teen drivers, teenagers
Most cases of Chiari malformation (CM) are thought to be caused by defective fetal development of the brain and spine. CM can also be acquired later in life because of injury, infection, poisoning, or anything that drains cerebrospinal fluid.
A Chiari malformation (CM) may cause headaches, dizziness, vision problems, insomnia, depression, or more serious conditions. For instance, CM may impede the flow of cerebrospinal fluid, causing it to build up in the brain; this is know as hydrocephalus, and it cause affect mental function as well as the shape of the skull. Many people, however, do not even know that they have a CM, as it is asymptomatic.
Auto accidents and other traumatic injuries can cause asymptomatic CM to become symptomatic. A major medical study by Dr. Thomas Milhorat, MD, found that people with asymptomatic or mild CM typically have an underdeveloped cranial cavity and a crowded hindbrain. Auto accidents and other injuries can easily exacerbate this delicate condition by pushing the cerebellum farther into the foramen magnum, causing a CM symptoms to appear.
The World Chiari Malformation Association has published several trauma testimonials in which people describe suffering from Chiari malformation after a car accident. Here are a few of the stories:
“I was at a stop sign on November 3, 1995 when I was hit head-on by another car. Since then I have had all sorts of problems. Before my accident I was very healthy, working out every day etc. Now I have Arnold Chiari Malformation. Unfortunately, I had to go through 6 neurosurgeons in order to find one that specialized in ACM. I have had six surgeries since my accident...four of which were for ACM and SM. I deal with chronic pain every day now since this accident.”
“I was diagnosed with chiari during the summer of 1986. I had few symptoms at that time, and a neurologist told me then that if the chiari ever became truly troublesome, then surgery would be an option . In December 1996 , I was a passenger in a car that was stopped to make a left turn. We were rear-ended by a car going around 50 mph , and the back of my head struck the seat/ head rest. Within several hours, my symptoms got worse and continued to worsen for several weeks. Headaches and dizzy spells became constant along with many other symptoms commonly associated with ACM. One afternoon I passed out several times in my yard while trying to get into my house. A friend drove me to a nearby hospital where I was admitted and observed for several days. After seeing several specialists and undergoing many tests, it was discovered that my tonsillar herniation (ACM), which was 5 - 8 mm before the accident, was now 8 - 12 mm. It was explained to me by a world renowned ACM expert that my tonsils had herniated further due to the head blow.”
“In 1994, I was a passenger in a car that ran a red light, hitting another car head on. I was checked out at the local ER and sent home, with mild head injury, whiplash etc. The next day I woke up sick to my stomach, my left arm was numb, and I began having severe headaches and neck pain. After 2 years of suffering with symptoms, the doctor finally sent me to a neurologist where is was determined I had partial complex seizures. I spent one week at the neurology unit of University of Penn. Medical center. The doctors there confirmed that my seizures were caused by the car accident. I continued to have other symptoms so an MRI was done, finding the ACM. I had my first decompression in March 1997. We were not aware that ACM can be started by a trauma, although our neurosurgeon did say it is very possible. Before my accident, I had went to the doctors only a few times over a seven year period. I was very healthy, never had anything wrong. After the accident, in a two year period, I had seen the doctor over 60 times.”
Suffering from a Chiari malformation after an auto accident can be a painful, frightening experience that will likely require many doctor visits and surgeries. To make matters worse, it can be difficult to prove in a court of law that Chiari malformation symptoms were caused by an auto accident.
If you suffer from a brain injury due to an auto accident or other personal injury, you need an experienced attorney who understands your condition as well as the law. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, car accidents, car wreck, traumatic brain injury
“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” Clarence Ditlow, director of the Center for Auto Safety, told the New York Times.
The problem is, these findings were never published in a report or released to the public until two consumer advocacy groups petitioned to view them through the Freedom of Information Act (FOIA).
Yesterday’s New York Times revealed that while the NHTSA had commissioned an in-depth study into the ways cell phone usage by drivers impacts wrecks and fatalities, no findings were ever published. Why? In part, reveals the Times, due to a mandate by the U.S. Congress.
According to the Times, then Transportation Secretary Norman Y. Mineta had been poised to send a letter to states warning them of the danger posed by cell phones. Research also showed that, because the conversation and not the phone caused the distraction, hands-free cell phones did not lessen the risk. But the letter was never sent because Congress had handed down a mandate telling the agency to refrain from lobbying states on transportation issues. Dr. Jeffrey Runge, who was head of the highway safety agency at the time, was told that the agency could lose billions in funding if they angered Congress by pursuing the letter to individual states.
The Times piece reported that the unpublished research conformed to the findings of other studies that “motorists talking on a phone are four times as likely to crash as other drivers, and are as likely to cause an accident as someone with a .08 blood alcohol content.”
For everyday drivers like you and me, one of the most important aspects of this story is how it reveals that a federal agency decided, perhaps due to pressure from Congress, not to step in at a crucial juncture in the history of cars and cell phones. At the time, many states were considering, and some even passed, laws banning drivers from using cell phone handsets. But no state, perhaps partly due to incomplete research, has passed an outright cell phone ban for drivers. Perhaps if this information had been disseminated to the individual states, a stronger case could have been made for banning wireless communication devices while driving. Who know how many lives could have been saved?
If you are interested in learning more about this story, and if you or a love one drive on the roads, you should be, visit the New York Times website for some more fascinating information. This link will take you to the actual suppressed documents from the NHTSA study, and you can read the entire New York Times story here.
Please leave your opinions on this very serious issue in the comments. What do you think of drivers using cell phones? Did this story change your opinion?
Labels: auto accident, cell phone
The Newnan Times-Herald recently reported that along one stretch of I-85, the north-bound and south-bound sides of the interstate are separated only by a narrow grass median. Moreover, the Georgia Department of Transportation says that they have no plans of erecting guardrails or any other kind of barrier. Just 20 feet of grass separates north and south-bound drivers.
When the road widening project is completed later this year, there will be additional 12-foot emergency lanes on either side of the flat grass median. Crystal Paulk-Buchannan of the Georgia DOT says that the total “recoverable zone” will be 44 feet wide.
But Coweta County Commissioner Randolph Collins says that some type of barrier is needed to prevent unnecessary accidents. Collins, who is also a Georgia State Patrol trooper and former member of the Georgia State Patrol’s Specialized Collision Reconstruction Team that investigates serious accidents, says, “The median is so flat and there is nothing there to catch a vehicle.”
On June 22, Teresa Parham was instantly killed when her car crossed the median and collided with a tractor-trailer truck. Parham was traveling southbound when she lost control of her car. Another fatal crossover accident occurred in the same vicinity last year.
Currently, the speed limit in the construction zone is only 50 miles per hour. Collins wonders, “So what are we going to do when it gets to 70?”
DOT District Engineer Thomas Howell said that the Federal Highway Administration has approved the installation of cable median barriers; however, there are no funds to purchase the barriers.
“This is a safety concern,” said Collins. “They don’t have the money to pay for it, but let’s find the money.”
Not all medians have barriers, but many of them wider, or they have a ditch in the middle of them. But near Newnan, one stretch of the median is completely flat.
“It is human instinct that, if there is a crash in front of you, or you’re too close for some reason, you go left or right,” said Collins. “If you are in the left lane, the only place you can go is to the left, and then you lose control.
“You’re traveling 70 miles per hour, and all of a sudden, the car in front of you does something stupid. You try to avoid it, you go left, and you’re going into the median. And then you’re head-on into somebody else.”
Because of the physics involved, crossover collisions are some of the most deadly. Imagine two vehicles colliding head-to-head at 70 mph.
“How do you survive that?” asked Collins.
And just imagine the damage that occurs when one of those vehicles is a tractor-trailer truck.
Be extra cautious when you’re driving in the construction zone on I-85 south of Atlanta. Even after the construction ends, you might want to stay in the right-hand lane!
If you’re injured in an auto accident or tractor trailer accident, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, construction, tractor trailer, truck accident, truck wreck
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
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
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
"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
• 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
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