Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Wednesday, February 3, 2010
Elderly Mobility Scooter Driver Dies after Accident
Thursday, January 28, 2010
Toyota Recall Continues to Grow
Wednesday, January 27, 2010
Student Killed When Young Driver Loses Control
Friday, January 15, 2010
Georgia Legislation on Distracted Driving and Cell Phone Use
Thursday, December 31, 2009
Drink Responsibly this New Year’s Eve
Wednesday, December 30, 2009
Tire Blowout Kills Two on I-20 in Atlanta
Monday, October 19, 2009
15-Passenger Commuter Van Overturns, Kills 3
Monday, July 27, 2009
How to Prevent One of the Most Common Teen Driving Mistakes
Wednesday, July 22, 2009
Chiari Malformation After Car Accident
Tuesday, June 2, 2009
Sleep Deprivation Blamed for Georgia Tractor Trailer Accident Fatality
Wednesday, May 27, 2009
Christopher Reeve Paralysis Act Signed by President Obama
Tuesday, May 26, 2009
How Dangerous is DWT (Driving While Texting) for Teens?
Wednesday, May 20, 2009
California Woman Awarded $45 million Over Car Accident
Sunday, May 3, 2009
Atlanta Traumatic Brain Injury Lawyer
Tuesday, July 29, 2008
Drugs and prescription alcohol a deadly mix
Thursday, July 10, 2008
SUV accident suit against NJ Senator results in $1.175 million settlement
Sunday, June 8, 2008
$1.2 Million Jury Verdict in Rear-end Accident in California
Sunday, May 25, 2008
Jury awards $14.5 million to Albuquerque man's family
Tuesday, April 29, 2008
Mich. bill would give motorists choice in medical insurance coverage
A recent upswing in the use of scooters, motorized wheelchairs and other mobility devices has allowed those with diminished mobility - such as the elderly - to move about more freely than they have in the past. There is no doubt that the access to this technology, both through improvements in the mobility devices themselves and by way of greater availability, has improved the lives of many people who would otherwise find themselves with little or no ability to get around. These devices offer those who use them an increased degree of independence.
However, they also present challenges. As a society, it seems that we are still adjusting to this increased presence, and as such there are sometimes insufficient laws in place to protect scooter drivers, motorists and pedestrians in incidents where mobility scooters are a factor.
Franklin Flynn, a seventy-one year old Marietta man, died last week after an moving vehicle accident when his electric mobility scooter was struck by a sports utility vehicle.
Flynn was riding his electric scooter, a Hoveround, south in a northbound lane of traffic when he was struck by a Chevrolet Tahoe turning south out of a parking lot, according to police. Flynn was taken to Wellstar Kennestone Hospital, where he died several days later. The driver of the Tahoe was not charged in the accident.
In incidents like this, the course of action that law enforcement should take is sometimes unclear, due in part to the nature of mobility scooters. The exact safety and etiquette for scooters and scooter/driver interaction is often poorly defined. Are scooters treated like pedestrians? Cyclists? Are there explicit rules to govern their use on sidewalks? On streets? These questions are frustrating as well as relevant.
In the UK, the question has been taken a step farther to wonder if people who drive mobility scooters ought to receive training for them. After a spate of accidents involving elderly drivers on scooters injuring or, as in the case of a ninety year old who was struck while in a crosswalk, even killing others on the road, the Norfolk, Virginia Police began offering a voluntary training class for scooter drivers.
"We have listened to the issues and concerns of the public and, with the help of our partners, have developed a mobility scooter awareness course that enhances the users’ ability to use their scooter in a safe and appropriate manner," said a spokesman for the Norfolk Police.
While this seems like a sound start, and perhaps we can eventually see some sort of training programs in place stateside, it also seems to sidestep the other half of this equation. Safer driving on the part of scooters can hardly be a bad idea, but what about the drivers and pedestrians that they share the pavement with? Learning and understanding how mobility scooters and those around them can most safely coexist will, without a doubt, become a priority in years to come, and hopefully one day will lead to fewer accidents like that which killed Franklin Flynn.
However, they also present challenges. As a society, it seems that we are still adjusting to this increased presence, and as such there are sometimes insufficient laws in place to protect scooter drivers, motorists and pedestrians in incidents where mobility scooters are a factor.Franklin Flynn, a seventy-one year old Marietta man, died last week after an moving vehicle accident when his electric mobility scooter was struck by a sports utility vehicle.
Flynn was riding his electric scooter, a Hoveround, south in a northbound lane of traffic when he was struck by a Chevrolet Tahoe turning south out of a parking lot, according to police. Flynn was taken to Wellstar Kennestone Hospital, where he died several days later. The driver of the Tahoe was not charged in the accident.
In incidents like this, the course of action that law enforcement should take is sometimes unclear, due in part to the nature of mobility scooters. The exact safety and etiquette for scooters and scooter/driver interaction is often poorly defined. Are scooters treated like pedestrians? Cyclists? Are there explicit rules to govern their use on sidewalks? On streets? These questions are frustrating as well as relevant.
In the UK, the question has been taken a step farther to wonder if people who drive mobility scooters ought to receive training for them. After a spate of accidents involving elderly drivers on scooters injuring or, as in the case of a ninety year old who was struck while in a crosswalk, even killing others on the road, the Norfolk, Virginia Police began offering a voluntary training class for scooter drivers.
"We have listened to the issues and concerns of the public and, with the help of our partners, have developed a mobility scooter awareness course that enhances the users’ ability to use their scooter in a safe and appropriate manner," said a spokesman for the Norfolk Police.
While this seems like a sound start, and perhaps we can eventually see some sort of training programs in place stateside, it also seems to sidestep the other half of this equation. Safer driving on the part of scooters can hardly be a bad idea, but what about the drivers and pedestrians that they share the pavement with? Learning and understanding how mobility scooters and those around them can most safely coexist will, without a doubt, become a priority in years to come, and hopefully one day will lead to fewer accidents like that which killed Franklin Flynn.
Labels: car accidents, car crashes, car wreck, elder safety, elderly, Georgia, Hoveround, Marietta, mobility scooter, motor vehicle accident, scooter
The massive Toyota recall due to a faulty accelerator pedal continues to grow. Today the company announced that the recall will extend to Europe and China. This makes one wonder just how many drivers are currently in danger. Nearly 100,000 vehicles will be recalled in China, and an undisclosed number of vehicles will be recalled in Europe. Some speculate that as many as 2 million Toyotas may be recalled in Europe.
Toyota recently recalled over a million vehicles in the U.S. because of the accelerator pedal problem. The pedal can get stuck and cause the vehicles to suddenly accelerate. This problem has reportedly caused four deaths in the U.S. To clarify: Toyota says that the problem has not caused any injuries or deaths, but ABC News has linked the problem to four deaths.
The recent recall is in addition to an earlier November 2009 recall of 4.3 million Toyota and Lexus vehicles. At the time of the original recall, the company blamed the accelerator problem on floor mats. Now they admit that there is a mechanical problem with the accelerator.
Earlier this week USA Today reported that Toyota knew about the accelerator problem last year - but they didn't know how to repair it. In fact, they still don't know how to fix the problem. Toyota has halted production at six plants in North America.
"I think it's questionable" whether the two Toyota recalls actually address separate issues, said Jesse Toprak of TrueCar.com. "Their biggest error was not to do a deep dive into the issue last year."
Right now, nobody knows has this problem will be resolved? Will dealers be able to repair the problem? Will they be able to offer loaner cars in the interim? According to Toyota, the problem appears to stem from premature wear in the throttle assembly. Drivers have reported that the pedal can stick in place even after they remove their foot.
Approximately 5.9 Toyota vehicles have now been recalled. Looking on the bright side, perhaps this issue will boost sales for American-made cars.
Atlanta car dealer Jim Ziegler said, "Toyota has got the resources to bounce back from this, but this is the biggest crisis that they have ever faced, and Ford and Hyundai and others are coming on strong."
Recalled Toyota vehicles include:
2005-2010 Toyota Avalon large sedan
2007-2010 Toyota Camry
2009-2010 Toyota Corolla
2008-2010 Toyota Highlander
2010 Toyota Highlander crossover
2009-2010 Toyota Matrix hatchback
2009-2010 Toyota RAV4
2008-2010 Toyota Sequoia large SUV
2007-2010 Toyota Tundra pickup
2009-2010 Toyota Venza
2009-2010 Pontiac Vibe
If you own one of these vehicles, contact the Toyota Customer Experience Center at 1-800-331-4331.
If you find yourself behind the wheel of a runaway Toyota, pumping the breaks may not help. Shift the vehicle into neutral, and shut off the engine. Don't take any chances.
If you've been injured by a defective product, contact an experienced Atlanta, GA personal injury lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Toyota recently recalled over a million vehicles in the U.S. because of the accelerator pedal problem. The pedal can get stuck and cause the vehicles to suddenly accelerate. This problem has reportedly caused four deaths in the U.S. To clarify: Toyota says that the problem has not caused any injuries or deaths, but ABC News has linked the problem to four deaths.
The recent recall is in addition to an earlier November 2009 recall of 4.3 million Toyota and Lexus vehicles. At the time of the original recall, the company blamed the accelerator problem on floor mats. Now they admit that there is a mechanical problem with the accelerator.
Earlier this week USA Today reported that Toyota knew about the accelerator problem last year - but they didn't know how to repair it. In fact, they still don't know how to fix the problem. Toyota has halted production at six plants in North America.
"I think it's questionable" whether the two Toyota recalls actually address separate issues, said Jesse Toprak of TrueCar.com. "Their biggest error was not to do a deep dive into the issue last year."
Right now, nobody knows has this problem will be resolved? Will dealers be able to repair the problem? Will they be able to offer loaner cars in the interim? According to Toyota, the problem appears to stem from premature wear in the throttle assembly. Drivers have reported that the pedal can stick in place even after they remove their foot.
Approximately 5.9 Toyota vehicles have now been recalled. Looking on the bright side, perhaps this issue will boost sales for American-made cars.
Atlanta car dealer Jim Ziegler said, "Toyota has got the resources to bounce back from this, but this is the biggest crisis that they have ever faced, and Ford and Hyundai and others are coming on strong."
Recalled Toyota vehicles include:
2005-2010 Toyota Avalon large sedan
2007-2010 Toyota Camry
2009-2010 Toyota Corolla
2008-2010 Toyota Highlander
2010 Toyota Highlander crossover
2009-2010 Toyota Matrix hatchback
2009-2010 Toyota RAV4
2008-2010 Toyota Sequoia large SUV
2007-2010 Toyota Tundra pickup
2009-2010 Toyota Venza
2009-2010 Pontiac Vibe
If you own one of these vehicles, contact the Toyota Customer Experience Center at 1-800-331-4331.
If you find yourself behind the wheel of a runaway Toyota, pumping the breaks may not help. Shift the vehicle into neutral, and shut off the engine. Don't take any chances.
If you've been injured by a defective product, contact an experienced Atlanta, GA personal injury lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto safety, car accidents, product liability, product recall
Tanesha Leshay Williams was a quiet, reserved fourteen year old. The freshman at Stone Mountain High School did not have many friends, but those who did know her describe a person who was kind, caring and worth knowing once she opened up. Williams' father, Anwar Bass, speaks of a girl who wanted to help people - a girl who spoke of being a nurse or a message therapist or a teacher when she grew up. According to Bass, the job she looked forward to in the future changed often, but the goal of helping others stayed the same.
“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.
“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
In Georgia, it’s not against the law to use your cell phone while driving – not yet, at least.
Currently, it’s against the law for bus drivers in Georgia to use cell phone while driving when they have passengers on board. This law went into effect in August 2007. Since then, no new laws have addressed cell phone use while driving.
Georgia House Bill 23 is one promising piece of legislation which was approved by the House and is now sitting in the Senate. Currently, the cell phone prohibition in the bill only applies to drivers under the age of 18, but this could be changed to include all drivers. Further, in the current version of House Bill 23, it is permissible for drivers under 18 to use cell phones in emergency situations, to report accidents, to report crimes, and while parked. In the bill, wireless communication is defined as “talking, writing, sending, or reading a text-based communication, or listening on a wireless telecommunications device,” and a wireless telecommunications device is defined as “a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios citizens band radio hybrids, commercial two-way radio communication devices, subscription-based emergency communications, in-vehicle security, navigation, and remote diagnostics systems, or amateur or ham radio devices.” In the proposed legislation, the driver’s license of a driver under 18 would be suspended if the driver is involved in an accident while engaging in wireless communication. Georgia House Bill 23 was approved by the Georgia House on March 12, 2009, and is still sitting in the Georgia Senate after a second reading on March 26, 2009. If you support a ban on cell phone use for teen drivers, contact your state senator and ask him or her to support HB 23.
Other bills addressing distracted driving are pending. Georgia House Bill 19 would create penalties (points and fines) for distracted drivers using cell phones at the time of accidents. This would apply to hands-free cell phone use as well as conventional cell phone use.
Georgia House Bill 21 would ban drivers with instructional driving permits or provisional driving permits from using cell phones while driving. HB 21 would also apply to hands-free wireless telecommunication devices.
Georgia State Rep. Allen Peake has reported that he will file a bill in 2010 that would ban text messaging for all drivers on Georgia roads. Peake, from Macon, said that his bill would be combined with HB 23.
Rep. Matt Ramsey of Peachtree City, a sponsor of HB 23, said, “If the law is enacted and proves successful, it will bolster the case for further efforts to reduce distractions among all drivers.”
However, on his blog, Ramsey stated that he did not believe a ban on cell phones for all Georgia drivers is in the near future; “I would not be optimistic it would pass this year.”
In the meantime, you can stay safe by enacting your own ban on cell phone use while driving. Distracted driving kills. Please keep your eyes on the road when driving.
If you have been injured by a distracted driver, contact an experienced Georgia auto wreck attorney as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Currently, it’s against the law for bus drivers in Georgia to use cell phone while driving when they have passengers on board. This law went into effect in August 2007. Since then, no new laws have addressed cell phone use while driving.
Georgia House Bill 23 is one promising piece of legislation which was approved by the House and is now sitting in the Senate. Currently, the cell phone prohibition in the bill only applies to drivers under the age of 18, but this could be changed to include all drivers. Further, in the current version of House Bill 23, it is permissible for drivers under 18 to use cell phones in emergency situations, to report accidents, to report crimes, and while parked. In the bill, wireless communication is defined as “talking, writing, sending, or reading a text-based communication, or listening on a wireless telecommunications device,” and a wireless telecommunications device is defined as “a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios citizens band radio hybrids, commercial two-way radio communication devices, subscription-based emergency communications, in-vehicle security, navigation, and remote diagnostics systems, or amateur or ham radio devices.” In the proposed legislation, the driver’s license of a driver under 18 would be suspended if the driver is involved in an accident while engaging in wireless communication. Georgia House Bill 23 was approved by the Georgia House on March 12, 2009, and is still sitting in the Georgia Senate after a second reading on March 26, 2009. If you support a ban on cell phone use for teen drivers, contact your state senator and ask him or her to support HB 23.
Other bills addressing distracted driving are pending. Georgia House Bill 19 would create penalties (points and fines) for distracted drivers using cell phones at the time of accidents. This would apply to hands-free cell phone use as well as conventional cell phone use.
Georgia House Bill 21 would ban drivers with instructional driving permits or provisional driving permits from using cell phones while driving. HB 21 would also apply to hands-free wireless telecommunication devices.
Georgia State Rep. Allen Peake has reported that he will file a bill in 2010 that would ban text messaging for all drivers on Georgia roads. Peake, from Macon, said that his bill would be combined with HB 23.
Rep. Matt Ramsey of Peachtree City, a sponsor of HB 23, said, “If the law is enacted and proves successful, it will bolster the case for further efforts to reduce distractions among all drivers.”
However, on his blog, Ramsey stated that he did not believe a ban on cell phones for all Georgia drivers is in the near future; “I would not be optimistic it would pass this year.”
In the meantime, you can stay safe by enacting your own ban on cell phone use while driving. Distracted driving kills. Please keep your eyes on the road when driving.
If you have been injured by a distracted driver, contact an experienced Georgia auto wreck attorney as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: car accidents, cell phone, distracted drivers, Georgia, law
For many, New Year’s Eve is an opportunity to celebrate the closing of one year and the potential they feel at the start of the new. It is a time for remember the year that has passed, making resolutions and looking forward to the future.
For many others, New Year’s Eve becomes a time when all of those opportunities and all of that planning falls apart because they – or someone else – drove while intoxicated.
Drunk driving kills an estimated 32 people in the United States every day, or around one every forty-five minutes. Every year, alcohol related crashes cost more than $51 billion in total damage, which cannot take into account the cost in lost life or quality of life or the emotional toll.
New Years Eve, with its parties and late night rituals, is almost legendary among emergency responder personnel as a night for drunken driving and car accidents.
While you celebrate the end of the old and the arrival of the new, please keep in mind the effects of alcohol on the human body, and most importantly, on your driving ability.
Alcohol acts as a depressant on the brain. The exact mechanism is not fully understood, but it is clear that alcohol can drastically impair function. The level of this impairment depends on the level alcohol in the blood stream. The more alcohol, the higher the degree of impairment.
In large quantities (a BAC of =.40, for example), alcohol can be fatal, paralyzing the respiratory system. As shocking as it may sound, though, in people with particularly high tolerances, driving with a blood alcohol level this high is not entirely impossible. While rare, it can and has happened, and presents an extreme danger to other drivers.
It is important to remember, though, that impairment begins well below this. Difficulty performing simple tasks can start in some people at a BAC as low as .03. For most people, significant changes in driving can begin around .05.
Driving is a complex task. It relies on a person’s ability to judge and respond to situations quickly, and to monitor many factors at the same time. In reality, driving is not just one task, but one action that requires the driver to multitask – the driver must be aware of traffic around him, his own speed and status, changes in the environment, pedestrians, road conditions, and any number of other factors, any of which may change at any time and require an appropriate and timely response.
It is not a task which mixes with alcohol. Any alcohol at all can be detrimental to a driver’s judgment and reaction time, and lead to accidents.
And alcohol is especially dangerous to younger drivers. Drivers between twenty-one and twenty-four were most likely to be involved in alcohol related crashes. This age group is more likely to drink heavily, and also more likely to have limited driving experience.
If that is not enough to keep you from driving while intoxicated this holiday, then also remember that New Year’s Eve is also legendary for its drunk driving police stops. The police will be ready for the possibility of overindulgence, and sobriety check points along with aggressive enforcement of drunk driving laws and strict punishment are among the best tools at law enforcement officials’ disposal. Be safe tonight while ringing in the New Year.
Happy New Year from the Law Offices of Michael Lawson Neff!
For many others, New Year’s Eve becomes a time when all of those opportunities and all of that planning falls apart because they – or someone else – drove while intoxicated.
Drunk driving kills an estimated 32 people in the United States every day, or around one every forty-five minutes. Every year, alcohol related crashes cost more than $51 billion in total damage, which cannot take into account the cost in lost life or quality of life or the emotional toll.
New Years Eve, with its parties and late night rituals, is almost legendary among emergency responder personnel as a night for drunken driving and car accidents.While you celebrate the end of the old and the arrival of the new, please keep in mind the effects of alcohol on the human body, and most importantly, on your driving ability.
Alcohol acts as a depressant on the brain. The exact mechanism is not fully understood, but it is clear that alcohol can drastically impair function. The level of this impairment depends on the level alcohol in the blood stream. The more alcohol, the higher the degree of impairment.
In large quantities (a BAC of =.40, for example), alcohol can be fatal, paralyzing the respiratory system. As shocking as it may sound, though, in people with particularly high tolerances, driving with a blood alcohol level this high is not entirely impossible. While rare, it can and has happened, and presents an extreme danger to other drivers.
It is important to remember, though, that impairment begins well below this. Difficulty performing simple tasks can start in some people at a BAC as low as .03. For most people, significant changes in driving can begin around .05.
Driving is a complex task. It relies on a person’s ability to judge and respond to situations quickly, and to monitor many factors at the same time. In reality, driving is not just one task, but one action that requires the driver to multitask – the driver must be aware of traffic around him, his own speed and status, changes in the environment, pedestrians, road conditions, and any number of other factors, any of which may change at any time and require an appropriate and timely response.
It is not a task which mixes with alcohol. Any alcohol at all can be detrimental to a driver’s judgment and reaction time, and lead to accidents.
And alcohol is especially dangerous to younger drivers. Drivers between twenty-one and twenty-four were most likely to be involved in alcohol related crashes. This age group is more likely to drink heavily, and also more likely to have limited driving experience.
If that is not enough to keep you from driving while intoxicated this holiday, then also remember that New Year’s Eve is also legendary for its drunk driving police stops. The police will be ready for the possibility of overindulgence, and sobriety check points along with aggressive enforcement of drunk driving laws and strict punishment are among the best tools at law enforcement officials’ disposal. Be safe tonight while ringing in the New Year.
Happy New Year from the Law Offices of Michael Lawson Neff!
Labels: avoiding car accidents, car accidents, drugged driving, drunk driver, drunk driving
Two people were killed last week and an additional four were injured in a single car accident. The accident temporarily closed I-20 eastbound lanes.
The accident was caused when a tire on the vehicle, a 2003 Ford Explorer, blew out and caused it to flip several times. Three of the Explorers six passengers were thrown out of the vehicle entirely.
Adriana Gil, twenty-nine, and Rocia Jimenez, also twenty-nine, both died in the accident. Both young women were from Forest Park. The other four victims were rushed to receive medical attention; their identities have not been released.
Tire blowouts are not uncommon, and can lead to very dangerous accidents, as demonstrated before on this blog when I wrote about the infamous Firestone Tire Recall. A rapid loss of air pressure in the tire – in that case due to tread separation – can easily lead to a total loss of control or a rollover when driving at speed.
How can you avoid a tire blowout or a rollover?
Unfortunately, there is no sure fire way to avoid either. Even safe drivers who properly maintain their tires can find themselves in a circumstance where one of their tires blows as a result of debris in the road, a pothole or in some cases, defective tires. There are, however, things you as a driver can do to minimize your chances of a serious blowout or rollover, and to protect yourself if the worst comes to pass.
First, check your tires regularly to insure that they have proper traction and are properly inflated. Properly maintaining your tires will help prevent a blowout in the first place.
Do not immediately hit the breaks if one of your tires loses pressure. If possible, maintain your speed until the car stabilizes – this will help your car’s traction. Only after the car stabilizes should you slow down and pull over to the side of the road.
Most rollovers occur on rural roads and highways, so exercise particular caution on these roads. Keeping two hands on the wheel and staying alert will help you avoid obstacles which could potentially cause a blowout or rollover, and ensures that you will be more likely to respond appropriately if something does go wrong.
Secure heavy cargo inside your car tightly, so it will not transform into a projectile in the event of a rollover.
And, of course, avoid driving at excessive speed.
The most common reason why people lose control of their cars is because they are under the influence of drugs or alcohol, they are tired, or they are otherwise distracted by talking on their cell phones or sending text messages. I’ve mentioned the perils of distracted driving on this blog many times, but, of course, distracted driving will always be one of our major problems on the road.
In the event the worst come to pass, remember that you should always be wearing your safety belt. Passengers wearing seatbelts are significantly more likely to survive a rollover crash than those who are unbelted.
If you or a loved one has been injured in a car accident, contact an experienced Georgia accident lawyer as soon as possible to protect your rights. For legal advice, call MLN Law at 404-531-9700 to schedule a free consultation.
The accident was caused when a tire on the vehicle, a 2003 Ford Explorer, blew out and caused it to flip several times. Three of the Explorers six passengers were thrown out of the vehicle entirely.
Adriana Gil, twenty-nine, and Rocia Jimenez, also twenty-nine, both died in the accident. Both young women were from Forest Park. The other four victims were rushed to receive medical attention; their identities have not been released.Tire blowouts are not uncommon, and can lead to very dangerous accidents, as demonstrated before on this blog when I wrote about the infamous Firestone Tire Recall. A rapid loss of air pressure in the tire – in that case due to tread separation – can easily lead to a total loss of control or a rollover when driving at speed.
How can you avoid a tire blowout or a rollover?
Unfortunately, there is no sure fire way to avoid either. Even safe drivers who properly maintain their tires can find themselves in a circumstance where one of their tires blows as a result of debris in the road, a pothole or in some cases, defective tires. There are, however, things you as a driver can do to minimize your chances of a serious blowout or rollover, and to protect yourself if the worst comes to pass.
First, check your tires regularly to insure that they have proper traction and are properly inflated. Properly maintaining your tires will help prevent a blowout in the first place.
Do not immediately hit the breaks if one of your tires loses pressure. If possible, maintain your speed until the car stabilizes – this will help your car’s traction. Only after the car stabilizes should you slow down and pull over to the side of the road.
Most rollovers occur on rural roads and highways, so exercise particular caution on these roads. Keeping two hands on the wheel and staying alert will help you avoid obstacles which could potentially cause a blowout or rollover, and ensures that you will be more likely to respond appropriately if something does go wrong.
Secure heavy cargo inside your car tightly, so it will not transform into a projectile in the event of a rollover.
And, of course, avoid driving at excessive speed.
The most common reason why people lose control of their cars is because they are under the influence of drugs or alcohol, they are tired, or they are otherwise distracted by talking on their cell phones or sending text messages. I’ve mentioned the perils of distracted driving on this blog many times, but, of course, distracted driving will always be one of our major problems on the road.
In the event the worst come to pass, remember that you should always be wearing your safety belt. Passengers wearing seatbelts are significantly more likely to survive a rollover crash than those who are unbelted.
If you or a loved one has been injured in a car accident, contact an experienced Georgia accident lawyer as soon as possible to protect your rights. For legal advice, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: avoiding car accidents, car accidents, car crashes, car wreck, product liability
A crash on Stone Mountain freeway last Tuesday claimed the lives of three Southern Company workers, all of whom were commuting in a carpool van. Six other Southern Company or Georgia Power workers were injured in the crash.
"This is a terrible tragedy for the Southern Company and Georgia Power families," said David Ratcliffe, chairman, president and CEO of Atlanta-based Southern Co. "Our thoughts, prayers go out to the families, friends and co-workers of these employees."
According to DeKalb County police, the crash killed the driver and two passengers. The driver was Robert Harold Clinton Jr., 60. The passengers were Ollie Benny Stephens Jr., 49, and Cindy Fitzgerald, 54. All three lived in Lilburn.
The other driver, James Miles, 55, of Loganville, who was driving a Dodge Stratus, was not hurt in the collision, which shut down the eastbound lanes of Stone Mountain freeway for about three hours last Tuesday afternoon as officials cleared the crash and investigated.
According to officials, the accident was precipitated when the Dodge Stratus clipped the rear of the van while trying to change lanes. The hit caused the 15-person commuter van to lose control and overturn in traffic. Witnesses told police that the Stratus had been changing lanes erratically prior to the accident. As of last week, DeKalb police had filed no charges against Miles, but they say charges may be forthcoming after their investigation is complete.
VPSI, Inc. a Michigan-based company, owned the van. In a typical VPSI carpool, one of the commuters agrees to drive the van to and from work every day.
VPSI released the following statement concerning the crash:
"Like everyone, we are shocked and saddened by what happened today. Our thoughts and prayers go out to all of the families who have been touched by this tragedy. There's a lot that's unknown at this time. As the authorities investigate, we'll do what we can to help them."
The Atlanta Journal Constitution reported on a National Highway Traffic Safety Administration study from May which advised commuters that 15-passenger vans are more prone to roll over than other vehicles. Said the report, the risk of rolling over increases dramatically if the number of people in the van goes from less than 5 to more than 10. The report recommended that all passengers wear seatbelts at all time.
Using accident data from the Federal Transit Administration, however, the Association for Commuter Transportation said commuter vanpooling "is the safest mode of public transportation."
"To our knowledge, this accident is only the third vehicular accident involving a commuter vanpool that has resulted in fatalities since the inception of commuter vanpooling in the mid 1970s," said a spokesman for ACT, a Washington-based group that supports different forms of commuter transportation.
The Georgia Regional Transportation Association canceled its 50 state-run commuter vanpools in May, saying it planned to turn the idea over to private vanpool companies, such as VPSI and Enterprise Rent-a-Car. VPSI has more than 300 vanpools in operation in metro Atlanta, the company's Website said.
Do you or anyone you know commute with VPSI or another commuter vanpool? Be sure to show them this blog post and make sure they are wearing seatbelts at all times while commuting. While commuter vanpools may feel like a bus or train, their high risk of rollover should be a cause for concern for any commuter. Buckle up and arrive to and from work in one piece.
"This is a terrible tragedy for the Southern Company and Georgia Power families," said David Ratcliffe, chairman, president and CEO of Atlanta-based Southern Co. "Our thoughts, prayers go out to the families, friends and co-workers of these employees."
According to DeKalb County police, the crash killed the driver and two passengers. The driver was Robert Harold Clinton Jr., 60. The passengers were Ollie Benny Stephens Jr., 49, and Cindy Fitzgerald, 54. All three lived in Lilburn.
The other driver, James Miles, 55, of Loganville, who was driving a Dodge Stratus, was not hurt in the collision, which shut down the eastbound lanes of Stone Mountain freeway for about three hours last Tuesday afternoon as officials cleared the crash and investigated.
According to officials, the accident was precipitated when the Dodge Stratus clipped the rear of the van while trying to change lanes. The hit caused the 15-person commuter van to lose control and overturn in traffic. Witnesses told police that the Stratus had been changing lanes erratically prior to the accident. As of last week, DeKalb police had filed no charges against Miles, but they say charges may be forthcoming after their investigation is complete.
VPSI, Inc. a Michigan-based company, owned the van. In a typical VPSI carpool, one of the commuters agrees to drive the van to and from work every day.
VPSI released the following statement concerning the crash:
"Like everyone, we are shocked and saddened by what happened today. Our thoughts and prayers go out to all of the families who have been touched by this tragedy. There's a lot that's unknown at this time. As the authorities investigate, we'll do what we can to help them."
The Atlanta Journal Constitution reported on a National Highway Traffic Safety Administration study from May which advised commuters that 15-passenger vans are more prone to roll over than other vehicles. Said the report, the risk of rolling over increases dramatically if the number of people in the van goes from less than 5 to more than 10. The report recommended that all passengers wear seatbelts at all time.
Using accident data from the Federal Transit Administration, however, the Association for Commuter Transportation said commuter vanpooling "is the safest mode of public transportation."
"To our knowledge, this accident is only the third vehicular accident involving a commuter vanpool that has resulted in fatalities since the inception of commuter vanpooling in the mid 1970s," said a spokesman for ACT, a Washington-based group that supports different forms of commuter transportation.
The Georgia Regional Transportation Association canceled its 50 state-run commuter vanpools in May, saying it planned to turn the idea over to private vanpool companies, such as VPSI and Enterprise Rent-a-Car. VPSI has more than 300 vanpools in operation in metro Atlanta, the company's Website said.
Do you or anyone you know commute with VPSI or another commuter vanpool? Be sure to show them this blog post and make sure they are wearing seatbelts at all times while commuting. While commuter vanpools may feel like a bus or train, their high risk of rollover should be a cause for concern for any commuter. Buckle up and arrive to and from work in one piece.
Labels: atlanta, car accidents
Here in Atlanta, where we have the 4th worst traffic in the nation, we see a lot of crazy driving. People change lanes without looking, cut dangerously close to other cars, fail to obey traffic signs, and text behind the wheel.
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.)
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
A Chiari malformation, or Arnold-Chiari malformation, is a structural defect in the brain. Normally, the cerebellum rests in the space at the back of the skull. When the cerebellum protrudes into the foramen magnum (the opening to the spinal canal), this is called a Chiari malformation.
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.
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
As reported by The Courier Herald, a Sandersville (Washington County) man died last month after crashing into an 18-wheeler carrying chalk.
David Perry Williams, age 39, died following the accident on State Route 57. He was driving a 1995 Chevrolet 1500 pickup truck.
Williams was driving behind a tractor trailer owned by Howard Sheppard Trucking and driven by Chad Howell, 43, who suffered neck injuries.
Georgia State Patrol Trooper Mark Bracewell said “the Sheppard track driver was slowing to make a left-hand turn” when Williams’ Chevrolet crashed into the rear of the trailer.
“Apparently Mr. Williams fell asleep and ran into the rear of the chalk truck,” said Bracewell.
Williams worked third-shift and had just gotten off work to go home. Bracewell believes that Williams must have fallen asleep because there were no skid marks or indiciations that Williams had tried to stop his truck before the collision.
Williams was pronounced dead at the Medical Center of Central Georgia in Macon. Bracewell said that Williams was not wearing a seat belt, but he’s not sure if a seat belt would have protected him because of the tremendous impact between the two trucks.
Because tractor trailer trucks are so massive, weighing up to 80,000 pounds, accidents often cause massive injury or death. Tractor trailers comprise just 3% of vehicles on the road yet are involved in 21% of the fatal accidents.
In this case, it was the other driver who fell asleep, but all too often, tractor trailer drivers are forced to work on little sleep. According to the National Transportation Safety Board (NTSB), driver fatigue causes 30 to 40 percent of track accidents. And, alarmingly, 19 percent of truck drivers reported falling asleep at the wheel in the previous month (NTSB 1992).
Sleep-deprived drivers suffer from impaired judgment and coordination as well as delayed response times, similar to drivers under the influence of alcohol. Several studies show that sleep deprivation affects drivers as much or even more than alcohol.
Getting seven to eight hours of sleep per night will keep you awake and alert when it counts. If you find yourself getting sleep behind the wheel, pull over and get some coffee or take a short nap.
If you’re injured in an accident due to someone’s sleep deprivation, call 911 immediately. Don’t discuss the wreck until police arrive, and don’t admit any fault. While you’re at the scene, take photos and get names and phone numbers of any witnesses. See a doctor as soon as possible, and call a personal injury lawyer as soon as possible. Your attorney will need to act quickly to collect evidence.
Be careful when you’re speaking with insurance adjustors. They may record your telephone conversations and try to get you to admit partial fault. Once you hire an attorney, you don’t have to talk to insurance adjustors. You can refer all questions to your lawyer.
When you’re injured in a car wreck or truck wreck, MLN Law will get you the monetary compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
David Perry Williams, age 39, died following the accident on State Route 57. He was driving a 1995 Chevrolet 1500 pickup truck.
Williams was driving behind a tractor trailer owned by Howard Sheppard Trucking and driven by Chad Howell, 43, who suffered neck injuries.
Georgia State Patrol Trooper Mark Bracewell said “the Sheppard track driver was slowing to make a left-hand turn” when Williams’ Chevrolet crashed into the rear of the trailer.
“Apparently Mr. Williams fell asleep and ran into the rear of the chalk truck,” said Bracewell.
Williams worked third-shift and had just gotten off work to go home. Bracewell believes that Williams must have fallen asleep because there were no skid marks or indiciations that Williams had tried to stop his truck before the collision.
Williams was pronounced dead at the Medical Center of Central Georgia in Macon. Bracewell said that Williams was not wearing a seat belt, but he’s not sure if a seat belt would have protected him because of the tremendous impact between the two trucks.
Because tractor trailer trucks are so massive, weighing up to 80,000 pounds, accidents often cause massive injury or death. Tractor trailers comprise just 3% of vehicles on the road yet are involved in 21% of the fatal accidents.
In this case, it was the other driver who fell asleep, but all too often, tractor trailer drivers are forced to work on little sleep. According to the National Transportation Safety Board (NTSB), driver fatigue causes 30 to 40 percent of track accidents. And, alarmingly, 19 percent of truck drivers reported falling asleep at the wheel in the previous month (NTSB 1992).
Sleep-deprived drivers suffer from impaired judgment and coordination as well as delayed response times, similar to drivers under the influence of alcohol. Several studies show that sleep deprivation affects drivers as much or even more than alcohol.
Getting seven to eight hours of sleep per night will keep you awake and alert when it counts. If you find yourself getting sleep behind the wheel, pull over and get some coffee or take a short nap.
If you’re injured in an accident due to someone’s sleep deprivation, call 911 immediately. Don’t discuss the wreck until police arrive, and don’t admit any fault. While you’re at the scene, take photos and get names and phone numbers of any witnesses. See a doctor as soon as possible, and call a personal injury lawyer as soon as possible. Your attorney will need to act quickly to collect evidence.
Be careful when you’re speaking with insurance adjustors. They may record your telephone conversations and try to get you to admit partial fault. Once you hire an attorney, you don’t have to talk to insurance adjustors. You can refer all questions to your lawyer.
When you’re injured in a car wreck or truck wreck, MLN Law will get you the monetary compensation you deserve. Call (404) 531-9700 to schedule your free consultation.
Labels: auto accident, avoiding car accidents, car accidents, tractor trailer, traffic wreck, trucking
In March 2009, President Obama signed the Christopher and Dana Reeve Paralysis Act, the first legislation specific to the paralysis community. The Act was part of the Omnibus Public Lands Bill and named for the late Christopher Reeve and his wife Dana, who inspired people around the world with their courage in the face of adversity.
Christopher Reeve, star of the popular Superman movies in the 1980s, became paralyzed in an equestrian accident in 1995. For the rest of his life, he lobbied for stem cell research on behalf of those with spinal cord injuries. He created the Christopher Reeve Foundation to speed up paralysis research through funding. Reeve passed away in 2004.
The Christopher and Dana Reeve Paralysis Act was introduced in the Senate by Tom Harkin (D-IA) and received bipartisan support. It will promote research, rehabilitation, and quality-of-life initiatives for the millions of Americans living with spinal cord injuries and paralysis.
Peter Wilderotter, president and CEO of the Reeve Foundation, said, “The Christopher & Dana Reeve Paralysis Act will expedite the search for cures and treatments for millions of Americans living with paralysis caused by spinal cord injury, stroke, MS, Parkinson's and many other diseases and disorders. On behalf of the Reeve Foundation, I would like to express our appreciation of Senator Harkin, who for so many years has devoted his career to others. Senator Harkin has been a wonderful friend to the Reeve family and the Reeve Foundation. People living with paralysis all over this country are celebrating today because of his dedication and commitment to the disability community.”
Wilderotter continued, "In addition to Senator Harkin's efforts, we thank Senators Thad Cochran (R-MS) and Edward Kennedy (D-MA) for initially sponsoring this important health bill. Also, I would like to express our appreciation to Chairman Jeff Bingaman (D-NM) for including the Reeve Act in the Omnibus Public Land Management Act and for his support of the paralysis community. In addition, we express our appreciation to Majority Leader Harry Reid (D-NV) and Majority Whip Dick Durbin (D-IL) for their resolve to bring this bill before the Senate. On January 8, 2009, Congresswomen Tammy Baldwin (D-WI) introduced this Act in the House, along with her colleagues Congressmen Mary Bono Mack (R-CA), Jim Langevin (D-RI) and Gus Bilirakis (R-FL). Their extraordinary leadership and tireless efforts were instrumental in passing this historic legislation."
"Advancements are made every day in spinal cord injury research, but the Christopher and Dana Reeve Paralysis Act will speed progress and make research efforts more efficient," concluded Wilderotter.
The Act has three components which support paralysis research, rehabilitation, and quality-of-life programs:
The Paralysis Research initiative will expand research on paralysis at the National Institutes of Health (NIH) and encourage collaborative research by connecting scientists conducting similar work to further enhance understanding and speed discovery of better treatments and cures. The Paralysis Rehabilitation initiative will build on research to enhance daily function for people with paralysis, including a Clinical Trials Network, to measure effectiveness of certain rehabilitation tactics and encouraging shared findings on paralysis to improve rehabilitation. The Paralysis Quality-of-Life initiative will work with the Centers for Disease Control and Prevention (CDC) to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities.
Christopher Reeve was injured in an equestrian accident, but the leading cause of paralysis, by far, is automobile accidents. Auto accidents account for 44 percent of spinal cord injuries.
If you or someone you love has been paralyzed in an accident which you believe happened due to someone else’s negligence, you may be entitled to monetary compensation. Contact Michael L. Neff at (404) 531-9700 to hold negligent parties accountable for your accident.
Christopher Reeve, star of the popular Superman movies in the 1980s, became paralyzed in an equestrian accident in 1995. For the rest of his life, he lobbied for stem cell research on behalf of those with spinal cord injuries. He created the Christopher Reeve Foundation to speed up paralysis research through funding. Reeve passed away in 2004.
The Christopher and Dana Reeve Paralysis Act was introduced in the Senate by Tom Harkin (D-IA) and received bipartisan support. It will promote research, rehabilitation, and quality-of-life initiatives for the millions of Americans living with spinal cord injuries and paralysis.
Peter Wilderotter, president and CEO of the Reeve Foundation, said, “The Christopher & Dana Reeve Paralysis Act will expedite the search for cures and treatments for millions of Americans living with paralysis caused by spinal cord injury, stroke, MS, Parkinson's and many other diseases and disorders. On behalf of the Reeve Foundation, I would like to express our appreciation of Senator Harkin, who for so many years has devoted his career to others. Senator Harkin has been a wonderful friend to the Reeve family and the Reeve Foundation. People living with paralysis all over this country are celebrating today because of his dedication and commitment to the disability community.”
Wilderotter continued, "In addition to Senator Harkin's efforts, we thank Senators Thad Cochran (R-MS) and Edward Kennedy (D-MA) for initially sponsoring this important health bill. Also, I would like to express our appreciation to Chairman Jeff Bingaman (D-NM) for including the Reeve Act in the Omnibus Public Land Management Act and for his support of the paralysis community. In addition, we express our appreciation to Majority Leader Harry Reid (D-NV) and Majority Whip Dick Durbin (D-IL) for their resolve to bring this bill before the Senate. On January 8, 2009, Congresswomen Tammy Baldwin (D-WI) introduced this Act in the House, along with her colleagues Congressmen Mary Bono Mack (R-CA), Jim Langevin (D-RI) and Gus Bilirakis (R-FL). Their extraordinary leadership and tireless efforts were instrumental in passing this historic legislation."
"Advancements are made every day in spinal cord injury research, but the Christopher and Dana Reeve Paralysis Act will speed progress and make research efforts more efficient," concluded Wilderotter.
The Act has three components which support paralysis research, rehabilitation, and quality-of-life programs:
The Paralysis Research initiative will expand research on paralysis at the National Institutes of Health (NIH) and encourage collaborative research by connecting scientists conducting similar work to further enhance understanding and speed discovery of better treatments and cures. The Paralysis Rehabilitation initiative will build on research to enhance daily function for people with paralysis, including a Clinical Trials Network, to measure effectiveness of certain rehabilitation tactics and encouraging shared findings on paralysis to improve rehabilitation. The Paralysis Quality-of-Life initiative will work with the Centers for Disease Control and Prevention (CDC) to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities.
Christopher Reeve was injured in an equestrian accident, but the leading cause of paralysis, by far, is automobile accidents. Auto accidents account for 44 percent of spinal cord injuries.
If you or someone you love has been paralyzed in an accident which you believe happened due to someone else’s negligence, you may be entitled to monetary compensation. Contact Michael L. Neff at (404) 531-9700 to hold negligent parties accountable for your accident.
Labels: auto accident, back injury, car accidents, car wreck, paralysis, spine, spine injury
The Georgia legislative session ended on Friday April 3rd without a definitive ban on cell phone use while driving, even though Republicans introduced a bill to ban the dangerous practice for drivers ages 17 and younger. If Georgia had passed the bill, we would have joined seventeen other states and the District of Columbia in imposing cell phone restrictions on teenaged drivers.
While driving and talking on the cell phone is obviously a danger, lately the news has focused on driving and texting. A study conducted by Nationwide insurance concluded that at least 20% of drivers are sending or receiving text messages while behind the wheel – a truly frightening statistic.
Case in point, a sad incident involving driving and texting made headlines last June in Rochester, NY. Five girls who’d just graduated from high school together were killed in a collision with a tractor trailer. The teen driver of the girls’ vehicle was thought to have been texting at the time of the accident.
As of now, eight states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington and the District of Columbia) have imposed texting bans for all drivers, with just one more adding a cell phone ban for novice drivers such as Georgia lawmakers had proposed. In an interesting side note, the ACLU has gone on record as opposing bans on teen cell phone use, claiming that they single out a particular group and deny them freedoms. Other opponents of similar bills have put forth that cell phone laws will be almost impossible to enforce.
As for the Georgia bill that didn’t make it, Rep. Matt Ramsey (R-Peachtree City), who introduced the measure, said that it would keep teen drivers – and those sharing the road with them – safe from dangerous distractions. A caveat on the bill would have allowed some instances of cell phone use, but only to report dangerous situations or threatening road hazards.
According to the wording of the original bill, violators would have been fined up to $150 for the first offense and received one point on their driving records. Fines and points would have increased with subsequent violations. Drivers found at fault in an accident while violating the law would have had their licenses suspended for 90 days. Second offenders would have lost their licenses for six months. There is no word yet on whether Georgia lawmakers will reintroduce the bill during next year’s session. Currently, Georgia’s only definitive ban on cell phone use while driving applies to school bus drivers.
If you or anyone you know was injured in a car wreck due to a driver’s reckless behavior, you could have legal recourse. Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
What do you think of a cell phone ban for teen drivers? Are they a safety net or an erosion of freedoms? Do you know anyone who texts and drives?
While driving and talking on the cell phone is obviously a danger, lately the news has focused on driving and texting. A study conducted by Nationwide insurance concluded that at least 20% of drivers are sending or receiving text messages while behind the wheel – a truly frightening statistic.
Case in point, a sad incident involving driving and texting made headlines last June in Rochester, NY. Five girls who’d just graduated from high school together were killed in a collision with a tractor trailer. The teen driver of the girls’ vehicle was thought to have been texting at the time of the accident.
As of now, eight states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington and the District of Columbia) have imposed texting bans for all drivers, with just one more adding a cell phone ban for novice drivers such as Georgia lawmakers had proposed. In an interesting side note, the ACLU has gone on record as opposing bans on teen cell phone use, claiming that they single out a particular group and deny them freedoms. Other opponents of similar bills have put forth that cell phone laws will be almost impossible to enforce.
As for the Georgia bill that didn’t make it, Rep. Matt Ramsey (R-Peachtree City), who introduced the measure, said that it would keep teen drivers – and those sharing the road with them – safe from dangerous distractions. A caveat on the bill would have allowed some instances of cell phone use, but only to report dangerous situations or threatening road hazards.
According to the wording of the original bill, violators would have been fined up to $150 for the first offense and received one point on their driving records. Fines and points would have increased with subsequent violations. Drivers found at fault in an accident while violating the law would have had their licenses suspended for 90 days. Second offenders would have lost their licenses for six months. There is no word yet on whether Georgia lawmakers will reintroduce the bill during next year’s session. Currently, Georgia’s only definitive ban on cell phone use while driving applies to school bus drivers.
If you or anyone you know was injured in a car wreck due to a driver’s reckless behavior, you could have legal recourse. Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
What do you think of a cell phone ban for teen drivers? Are they a safety net or an erosion of freedoms? Do you know anyone who texts and drives?
Labels: car accidents, driving and texting, Georgia, reckless driving
A superior court judge has awarded a San Mateo, California woman $45 million in a civil suit filed over a car accident that left her a quadriplegic.
Before the tragic car accident that took the use of her limbs, Tricia Roth, then 41, enjoyed swimming, horseback riding and ballroom dancing. On the morning of September 11, 2006 she was driving her Volvo when, according to her attorney, a red Chevrolet pickup ran a stoplight and slammed into the front passenger side of her car at about 40 mph. The force of the impact threw her around the car, breaking her neck. When emergency responders arrived on the scene, Roth was unable to move.
The pain and suffering experienced by Roth and her husband, a scientist who has become a "near full-time" caregiver to his wife, was estimated by the plaintiff's attorney at $20 million. Another reason for the large amount of the award is due to the fact that Roth has now lost her future potential earnings as a software engineer.
At the wheel of the red pickup truck that caused Roth’s accident was Roman Pantoja, 72, owner of the family business Division 1 All Service, a small demolition and hauling firm. The truck he drove was one of their company vehicles. The multimillion-dollar judgment holds Pantoja and his South San Francisco-based company accountable for the accident. The intended targets of the civil suit, though, are Pantoja’s two insurance companies. According to Roth’s attorney, Mary Alexander, both companies, Lincoln General Insurance Co. and Colony Insurance have refused to defend Pantoja. The claim that they are not responsible for Roth’s massive injuries because Pantoja was not actually driving the truck for work related purposes at the time of the accident, though the court later determined that Pantoja was likely using the truck to pick up company supplies. Alexander has reported that she plans to sue both insurance companies for bad faith.
If you or someone you know has been injured in an automobile accident, and the insurance company refuses to pay, you should contact an attorney immediately. You may be entitled to economic and non-economic damages, and an experienced attorney knows how to deal with the insurance companies to get you the settlement you deserve.
In cases such as Tricia Roth’s, it is a shame that her attorney has to go as far as suing the insurance companies ,but unfortunately, incidents like that one of all too common. A 2008 report by the American Association of Justice explained how an increasing number of insurers have “...endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.”
Don’t let insurance companies get away with denying your rightful claim. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Woman Paralyzed in Crash Gets $45 million, San Francisco Chronicle
Before the tragic car accident that took the use of her limbs, Tricia Roth, then 41, enjoyed swimming, horseback riding and ballroom dancing. On the morning of September 11, 2006 she was driving her Volvo when, according to her attorney, a red Chevrolet pickup ran a stoplight and slammed into the front passenger side of her car at about 40 mph. The force of the impact threw her around the car, breaking her neck. When emergency responders arrived on the scene, Roth was unable to move.
The pain and suffering experienced by Roth and her husband, a scientist who has become a "near full-time" caregiver to his wife, was estimated by the plaintiff's attorney at $20 million. Another reason for the large amount of the award is due to the fact that Roth has now lost her future potential earnings as a software engineer.
At the wheel of the red pickup truck that caused Roth’s accident was Roman Pantoja, 72, owner of the family business Division 1 All Service, a small demolition and hauling firm. The truck he drove was one of their company vehicles. The multimillion-dollar judgment holds Pantoja and his South San Francisco-based company accountable for the accident. The intended targets of the civil suit, though, are Pantoja’s two insurance companies. According to Roth’s attorney, Mary Alexander, both companies, Lincoln General Insurance Co. and Colony Insurance have refused to defend Pantoja. The claim that they are not responsible for Roth’s massive injuries because Pantoja was not actually driving the truck for work related purposes at the time of the accident, though the court later determined that Pantoja was likely using the truck to pick up company supplies. Alexander has reported that she plans to sue both insurance companies for bad faith.
If you or someone you know has been injured in an automobile accident, and the insurance company refuses to pay, you should contact an attorney immediately. You may be entitled to economic and non-economic damages, and an experienced attorney knows how to deal with the insurance companies to get you the settlement you deserve.
In cases such as Tricia Roth’s, it is a shame that her attorney has to go as far as suing the insurance companies ,but unfortunately, incidents like that one of all too common. A 2008 report by the American Association of Justice explained how an increasing number of insurers have “...endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.”
Don’t let insurance companies get away with denying your rightful claim. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Woman Paralyzed in Crash Gets $45 million, San Francisco Chronicle
Labels: car accidents, injury settlements
Traumatic brain injuries are a leading cause of death and disability in Georgia. A traumatic brain injury, or head injury, occurs when sudden trauma causes damage to the brain. It may be the result of a car or truck accident, a fall, a blow to the head or of an object piercing of the skull and brain tissue. Symptoms may be mild to moderate, ranging from headaches to seizures, changes in thinking and behavior, and other serious neurological problems.
Traumatic brain injury is most common among those between the ages of 15 and 24 and above 75. Young children are also at high risk for head injury.
Treatment of traumatic brain injuries may include surgery, pharmaceuticals, rehabilitation (including physical therapy, occupational therapy, and speech therapy), and psychological counseling.
Approximately half of those with severe head injuries require surgery. Common disabilities resulting from severe head injury include problems with thinking, memory, and reasoning; problems with sensory processing of sight, hearing, touch, taste, or smell; changes in behavior or mental health, including depression, anxiety, and aggression. Serious brain injuries may also lead to unresponsive states, coma, or vegetative states.
Traumatic brain injuries may also cause personality changes; in fact, this may be the most noticeable symptom. In 1848, for example, railway worker Phineas Gage suffered a severe head injury when an explosion sent a three-foot iron rod through his skull. He never lost consciousness. While he survived the accident; Mr. Gage, a formerly quiet, mild-mannered man became a totally different person – crude, obscene, and self-absorbed. His personality problems persisted until he died nearly 20 years later.
Often, only close friends and family members notice the personality changes that result from traumatic brain injury. These changes may not appear until days or weeks after the injury.
If you or someone you love has suffered a traumatic brain injury, you can learn more from the Brain Injury Association of America. You may also be interested in Traumatic Brain Injury: Hope Through Research, a booklet about traumatic brain injury prepared by the National Institute of Neurological Disorders and Stroke (NINDS).
Unfortunately, people with traumatic brain injuries often face economic hardship on top of physical, mental, and emotional problems. In the United States, direct medical costs of brain injury plus indirect costs (like lost productivity) total over $60 billion per year!
A life-changing head injury can make you feel helpless, hopeless, and frustrated – but you do not have to face it alone. Michael Lawson Neff can help. As an experienced Atlanta traumatic brain injury lawyer, he has the expertise and resources to help you win your claim. Michael Neff will help you conquer those feelings of helplessness and hopelessness by securing your future with just compensation.
Situations in which someone else may be at fault for a traumatic brain injury include vehicle crashes, sports-related accidents, work-related injuries, assault, slips and falls, and product liability. Additionally, children may suffer brain injury from poisoning by lead paint dust in older homes and apartments.
In Georgia, if someone else's action (or lack thereof) contributed to a traumatic brain injury, victims and their survivors may sue for damages including medical costs, lost wages, pain and suffering, and property loss.
My personal injury clients are not "cases" to me; they are people whose lives have been forever changed through no fault of their own. – Michael Lawson Neff, Atlanta Traumatic Brain Injury Lawyer
If you believe that someone else may be legally responsible for your head injury or that of a loved one, contact Michael Neff as soon as possible. He will help you get the compensation you deserve. It's important to act now because evidence may be compromised or lost as time passes. Contact Michael Neff now at (404) 531-9700 or lawyer@mlnlaw.com. For more information, see Traumatic Brain Injury.
Traumatic brain injury is most common among those between the ages of 15 and 24 and above 75. Young children are also at high risk for head injury.
Treatment of traumatic brain injuries may include surgery, pharmaceuticals, rehabilitation (including physical therapy, occupational therapy, and speech therapy), and psychological counseling.
Approximately half of those with severe head injuries require surgery. Common disabilities resulting from severe head injury include problems with thinking, memory, and reasoning; problems with sensory processing of sight, hearing, touch, taste, or smell; changes in behavior or mental health, including depression, anxiety, and aggression. Serious brain injuries may also lead to unresponsive states, coma, or vegetative states.
Traumatic brain injuries may also cause personality changes; in fact, this may be the most noticeable symptom. In 1848, for example, railway worker Phineas Gage suffered a severe head injury when an explosion sent a three-foot iron rod through his skull. He never lost consciousness. While he survived the accident; Mr. Gage, a formerly quiet, mild-mannered man became a totally different person – crude, obscene, and self-absorbed. His personality problems persisted until he died nearly 20 years later.
Often, only close friends and family members notice the personality changes that result from traumatic brain injury. These changes may not appear until days or weeks after the injury.
If you or someone you love has suffered a traumatic brain injury, you can learn more from the Brain Injury Association of America. You may also be interested in Traumatic Brain Injury: Hope Through Research, a booklet about traumatic brain injury prepared by the National Institute of Neurological Disorders and Stroke (NINDS).
Unfortunately, people with traumatic brain injuries often face economic hardship on top of physical, mental, and emotional problems. In the United States, direct medical costs of brain injury plus indirect costs (like lost productivity) total over $60 billion per year!
A life-changing head injury can make you feel helpless, hopeless, and frustrated – but you do not have to face it alone. Michael Lawson Neff can help. As an experienced Atlanta traumatic brain injury lawyer, he has the expertise and resources to help you win your claim. Michael Neff will help you conquer those feelings of helplessness and hopelessness by securing your future with just compensation.
Situations in which someone else may be at fault for a traumatic brain injury include vehicle crashes, sports-related accidents, work-related injuries, assault, slips and falls, and product liability. Additionally, children may suffer brain injury from poisoning by lead paint dust in older homes and apartments.
In Georgia, if someone else's action (or lack thereof) contributed to a traumatic brain injury, victims and their survivors may sue for damages including medical costs, lost wages, pain and suffering, and property loss.
My personal injury clients are not "cases" to me; they are people whose lives have been forever changed through no fault of their own. – Michael Lawson Neff, Atlanta Traumatic Brain Injury Lawyer
If you believe that someone else may be legally responsible for your head injury or that of a loved one, contact Michael Neff as soon as possible. He will help you get the compensation you deserve. It's important to act now because evidence may be compromised or lost as time passes. Contact Michael Neff now at (404) 531-9700 or lawyer@mlnlaw.com. For more information, see Traumatic Brain Injury.
Labels: car accidents, Georgia personal injury lawyer, traumatic brain injury, trip and fall
Drug, Alcohol Mix Increases Medication Error Deaths (Update1)
John Taddei of Bloomberg reported today that the mixing of street drugs and alcohol with prescription medications has contributed to a fivefold increase in the number of deaths ascribed to medication errors since the 1980s, according to a study.
The combination of a person taking medications at home with alcohol or street drugs, or with both, accounted for 17 percent of the fatal errors in 2004, up from 2.3 percent in 1983, according to a University of California, San Diego study that examined U.S. death certificates. The study was published today in the Archives of Internal Medicine.
The rise in accidental deaths linked to medication errors has occurred as drug consumption has increasingly shifted to homes from hospitals and clinics, said David P. Phillips, the study's author and a professor of sociology at the university, in telephone interview today.
``More and more often the patient is put in charge of quality control rather than medical staff, and some patients aren't up to it,'' Phillips said. ``We haven't been sufficiently aware that some patients cannot follow directions as scrupulously as nurses or physicians.''
Accidental overdoses were the most deadly error, killing 8,634 people in their homes in 2004. More people in the 45-to-54 age group die of accidental drug overdoses than in car crashes, according to congressional testimony in March by Leonard J. Paulozzi, an epidemiologist for the U.S. Centers for Disease Control and Prevention in Atlanta.
``The vast majority of unintentional drug overdose deaths are not the result of toddlers getting into medicines or the elderly mixing up their pills,'' Paulozzi said during the testimony. ``All available evidence suggests that these deaths are related to the increasing use of prescription drugs, especially opioid painkillers, among people during the working years of life.''
To contact the reporter on this story: John Taddei in New York at jtaddei3@bloomberg.net
John Taddei of Bloomberg reported today that the mixing of street drugs and alcohol with prescription medications has contributed to a fivefold increase in the number of deaths ascribed to medication errors since the 1980s, according to a study.
The combination of a person taking medications at home with alcohol or street drugs, or with both, accounted for 17 percent of the fatal errors in 2004, up from 2.3 percent in 1983, according to a University of California, San Diego study that examined U.S. death certificates. The study was published today in the Archives of Internal Medicine.
The rise in accidental deaths linked to medication errors has occurred as drug consumption has increasingly shifted to homes from hospitals and clinics, said David P. Phillips, the study's author and a professor of sociology at the university, in telephone interview today.
``More and more often the patient is put in charge of quality control rather than medical staff, and some patients aren't up to it,'' Phillips said. ``We haven't been sufficiently aware that some patients cannot follow directions as scrupulously as nurses or physicians.''
Accidental overdoses were the most deadly error, killing 8,634 people in their homes in 2004. More people in the 45-to-54 age group die of accidental drug overdoses than in car crashes, according to congressional testimony in March by Leonard J. Paulozzi, an epidemiologist for the U.S. Centers for Disease Control and Prevention in Atlanta.
``The vast majority of unintentional drug overdose deaths are not the result of toddlers getting into medicines or the elderly mixing up their pills,'' Paulozzi said during the testimony. ``All available evidence suggests that these deaths are related to the increasing use of prescription drugs, especially opioid painkillers, among people during the working years of life.''
To contact the reporter on this story: John Taddei in New York at jtaddei3@bloomberg.net
Labels: atlanta, car accidents, wrongful death
New Jersey State Senator Robert Singer has agreed to pay a $1.175 million settlement to end a lawsuit filed by a woman he seriously injured in 2005.
Barbara Sara, 76 years old, was walking across East Veterans Highway when she was struck by Mr. Singer’s SUV. Ms. Sara suffered a concussion, a fractured arm, two fractured ankles and a fractured leg; she was put in critical condition and remained hospitalized for nearly four months.
This is the second such altercation for Mr. Singer. In 1991 he hit two (allegedly) intoxicated men who walked in front of his car.
Barbara Sara, 76 years old, was walking across East Veterans Highway when she was struck by Mr. Singer’s SUV. Ms. Sara suffered a concussion, a fractured arm, two fractured ankles and a fractured leg; she was put in critical condition and remained hospitalized for nearly four months.
This is the second such altercation for Mr. Singer. In 1991 he hit two (allegedly) intoxicated men who walked in front of his car.
Labels: brain injury, car accidents, concussion, fractured ankle
In 2005, Ms. Kathleen Donovan was stopped in traffic north of Ventura, California, when her sedan was rear-ended by a pickup truck driven by Patrick Gallagher, an employee of Gold Coast Erectors. Larry Johnson, another driver and an employee of Weatherford USLP, had been driving between Donovan and Gallagher, but swerved out of the lane when Donovan stopped. Ms. Donovan sustained fatal injuries and died at the scene of the wreck.
Her mother, Constance Donovan, sued Gallagher, Gold Coast Erectors, Johnson and Weatherford USLP, alleging negligence.
Gallagher and Gold Coast Erectors admitted liability but argued that Johnson and Weatherford were also negligent. Both Johnson and his firm denied liability. Gallagher contended that he was driving behind Johnson’s vehicle, which blocked his view of Ms. Donovan. Gallagher argued that Johnson did not slow appropriately, forcing him to swerve out of the lane when Ms. Donovan stopped and that this was negligent, because it compromised his opportunity to avoid the collision.
Constance Donovan did not seek any economic damages, as she was not financially dependent on her daughter at the time of her death, but asked the jury for $3.5 to $4.5 million in noneconomic damages for the value of her daughter's life. The jury awarded her $1.2 million in noneconomic damages, with 90 percent of the fault to Gallagher and Gold Coast Erectors and 10 percent to Johnson and Weatherford USLP.
Even though you may be among the safest drivers on the road, you never know when the actions of those around you can cause injury and death. The Law Offices of Michael L. Neff ask you to drive defensively; and if you or a loved one has been injured in a Georgia car or truck accident that was someone else’s fault, call us or email us immediately before evidence is destroyed. Let us help you get the settlement you deserve.
Her mother, Constance Donovan, sued Gallagher, Gold Coast Erectors, Johnson and Weatherford USLP, alleging negligence.
Gallagher and Gold Coast Erectors admitted liability but argued that Johnson and Weatherford were also negligent. Both Johnson and his firm denied liability. Gallagher contended that he was driving behind Johnson’s vehicle, which blocked his view of Ms. Donovan. Gallagher argued that Johnson did not slow appropriately, forcing him to swerve out of the lane when Ms. Donovan stopped and that this was negligent, because it compromised his opportunity to avoid the collision.
Constance Donovan did not seek any economic damages, as she was not financially dependent on her daughter at the time of her death, but asked the jury for $3.5 to $4.5 million in noneconomic damages for the value of her daughter's life. The jury awarded her $1.2 million in noneconomic damages, with 90 percent of the fault to Gallagher and Gold Coast Erectors and 10 percent to Johnson and Weatherford USLP.
Even though you may be among the safest drivers on the road, you never know when the actions of those around you can cause injury and death. The Law Offices of Michael L. Neff ask you to drive defensively; and if you or a loved one has been injured in a Georgia car or truck accident that was someone else’s fault, call us or email us immediately before evidence is destroyed. Let us help you get the settlement you deserve.
Labels: car accidents, car wreck, damages, dead, death, injury attorney, lawsuit, pain and suffering, truck accident
The Associated Press reported last week that a Santa Fe jury returned a verdict of more than $14.5 million to the family of an Albuquerque man killed by a drunken driver in 2003. Daniel Gutierrez was in a coma for about five weeks before he died.
His mother, Janet Jaramillo, sued the driver, Daniel Durand, and the Albuquerque convenience store he worked for before the crash. She alleged that Alameda Meteor, which owned the convenience store, and its parent companies were negligent when employees sold alcohol to Durand when he was obviously intoxicated.
Her attorney, Jacob Vigil, said store employees sold Durand beer throughout the day knowing he was a chronic alcoholic.
Blood-alcohol tests on Durand three hours after the crash found his blood-alcohol content was 0.09, above the legal limit.
Durand was sentenced in September 2003 to 10 years in prison and five years on probation for the drunken driving crimes he committed after he leaving work at the store drunk and colliding with five vehicles, including Gutierrez's motorcycle.
The lawsuit named El Baracho Inc., which leased the liquor license to the store operators, along with Meteor Monument, Alameda Meteor and Meteor Stores Inc., which held the franchise for the convenience store.
———
Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com
His mother, Janet Jaramillo, sued the driver, Daniel Durand, and the Albuquerque convenience store he worked for before the crash. She alleged that Alameda Meteor, which owned the convenience store, and its parent companies were negligent when employees sold alcohol to Durand when he was obviously intoxicated.
Her attorney, Jacob Vigil, said store employees sold Durand beer throughout the day knowing he was a chronic alcoholic.
Blood-alcohol tests on Durand three hours after the crash found his blood-alcohol content was 0.09, above the legal limit.
Durand was sentenced in September 2003 to 10 years in prison and five years on probation for the drunken driving crimes he committed after he leaving work at the store drunk and colliding with five vehicles, including Gutierrez's motorcycle.
The lawsuit named El Baracho Inc., which leased the liquor license to the store operators, along with Meteor Monument, Alameda Meteor and Meteor Stores Inc., which held the franchise for the convenience store.
———
Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com
Labels: attorney, avoid wrecks, car accidents, drunk driving, jury, lawsuit, personal injury, sue, verdict, wrongful death
Michigan bill would let motorists lower their auto insurance by choosing less medical coverage
http://biz.yahoo.com/ap/080429/mi_auto_insurance.html?.v=1&printer=1
Associated Press Writer David Eggert write today that some Michigan lawmakers are backing legislation that would let motorists save up to 16 percent on their auto insurance by choosing lower medical insurance coverage. Michigan is the only state to require unlimited personal injury protection benefits, which policyholders pay for through a $123 annual fee per vehicle.
$10 a month isn’t a bad amount of insurance to have unlimited medical coverage in the event of a catastrophic car wreck. However, legislation was introduced last week that would let motorists choose medical insurance coverage worth between $50,000 and $400,000, or continue paying for unlimited coverage through the Michigan Catastrophic Claims Association, a fund that helps supports seriously injured accident victims.
Insurance officials argue that 95% of all medical claims stemming from auto accidents are for less than $50,000. Of course, if you are among the 5% that have serious injuries and no coverage, you can lose everything.
Michigan residents would end up footing the bill when motorists with too little medical coverage are hurt in serious car accidents. However, the insurance industry would benefit as these higher costs are shifted to patients' families, health care insurers and ultimately, taxpayers.
http://biz.yahoo.com/ap/080429/mi_auto_insurance.html?.v=1&printer=1
Associated Press Writer David Eggert write today that some Michigan lawmakers are backing legislation that would let motorists save up to 16 percent on their auto insurance by choosing lower medical insurance coverage. Michigan is the only state to require unlimited personal injury protection benefits, which policyholders pay for through a $123 annual fee per vehicle.
$10 a month isn’t a bad amount of insurance to have unlimited medical coverage in the event of a catastrophic car wreck. However, legislation was introduced last week that would let motorists choose medical insurance coverage worth between $50,000 and $400,000, or continue paying for unlimited coverage through the Michigan Catastrophic Claims Association, a fund that helps supports seriously injured accident victims.
Insurance officials argue that 95% of all medical claims stemming from auto accidents are for less than $50,000. Of course, if you are among the 5% that have serious injuries and no coverage, you can lose everything.
Michigan residents would end up footing the bill when motorists with too little medical coverage are hurt in serious car accidents. However, the insurance industry would benefit as these higher costs are shifted to patients' families, health care insurers and ultimately, taxpayers.
Labels: car accidents, damages, insurance
Archives
February 2007 April 2008 May 2008 June 2008 July 2008 August 2008 September 2008 January 2009 March 2009 April 2009 May 2009 June 2009 July 2009 August 2009 September 2009 October 2009 November 2009 December 2009 January 2010 February 2010 March 2010
Subscribe to Posts [Atom]
