Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Wednesday, February 3, 2010
Elderly Mobility Scooter Driver Dies after Accident
Wednesday, January 27, 2010
Student Killed When Young Driver Loses Control
Thursday, January 14, 2010
A Quarter of All Car Wrecks Caused by Cell Phone Use
Wednesday, December 30, 2009
Tire Blowout Kills Two on I-20 in Atlanta
Tuesday, September 29, 2009
Safety Advice for Parents of Teenage Drivers
Thursday, September 10, 2009
More than 2,000 Auto Accidents in Georgia over Labor Day Weekend
Tuesday, July 28, 2009
DOT Covered Up Research on Cell Phone Use While Driving
Friday, June 19, 2009
Would a Universal Smoking Ban in Georgia Reduce Drunk Driving Fatalities?
Monday, May 25, 2009
Not Everyone Who Gets Hit by a Drunk Driver Dies
Jacqueline Saburido, pictured at left three years after her car was hit by a drunk driver, is living proof that not everyone who gets hit by a drunk driver dies. Some victims continue to suffer for many years.
On a Sunday morning in 1999, Jacqueline, age 20 at the time, was on her way home from a birthday party with four of her friends. Reggie Stephey, age 18 at the time, was on his way home from drinking beer. Reggie’s SUV crashed into Jacqueline’s Oldsmobile. Two of Jacqueline’s friends died at the scene. Within minutes, the Oldsmobile was engulfed in flames. Jacqueline was pinned inside. Over 60% of her body was severely burned. Nobody thought that Jacqui would live. But she did.
Jacqui lost her fingers, hair, ears, nose, left eyelid, and much of her vision. She has had more than 50 operations since the crash, and she has many more to go.
Reggie was convicted of two counts of intoxication manslaughter for the deaths of Jacqui’s two friends. He was released from prison last year after serving a full seven-year sentence.
Jacqui bravely allowed post-accident photos of herself to be used in media campaigns against drunk driving. She appeared on Oprah in 2003, and Oprah called her “a woman who defines survival.”
Amazingly, Jacqui has publicly forgiven Reggie, even though his drunk driving completely destroyed her life. Oprah said that Jacqui defines “inner beauty.” Jacqui’s story is humbling and inspiring, and it reminds us that drunk driving is a serious crime.
In 2005 alone, there were 16,885 alcohol-related traffic fatalities in the United States; that’s an average of one alcohol-related fatality every 31 minutes. In the same year, there were over 254,000 injuries from alcohol-related accidents; that’s an average of one every two minutes. In 2006, there were 604 alcohol-related highway fatalities in Georgia; this number accounts for nearly one-third of Georgia’s total fatalities.
One bad decision - drinking and driving just one time - can destroy a life. Please don’t drink and drive.
If you or a loved one has been injured by a drunk driver, contact The Law Offices of Michael L. Neff as soon as possible. We must act quickly to investigate the accident and preserve evidence.
We aggressively pursue irresponsible drunk drivers and hold them accountable to the full extent of the law. As a victim, you can sue for negligence and punitive damages. You can punish the irresponsible behavior on the part of the drunk driver - and Jacqui Saburido would agree that you should punish such behavior. Too many innocent people have been victims of drunk drivers.
You may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. For example, if a restaurant served someone who was obviously intoxicated, then you can also hold the restaurant accountable for your injuries.
If you’ve been injured by a drunk driver, call (404) 531-9700 to schedule your free consultation with Michael Lawson Neff.
Sunday, August 3, 2008
Life flight arrives at major wreck on Hwy. 53
Wednesday, July 30, 2008
Missouri Court of Appeals whacks Allstate
Wednesday, June 4, 2008
Wisconsin school bus collides with semi trailer
Tuesday, April 22, 2008
Volvo working on crashless car
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
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
The National Safety Council (NSC) published a press release earlier this month in which they estimate that 28 percent of all traffic crashes - at least 1.6 million wrecks each year - are caused by drivers using cell phones. The NSC estimates that 1.4 crashes are caused by cell phone use and 200,000 more are caused by texting while driving.
“We now know that at least 1.6 million crashes are caused by drivers using cell phones and texting," said Janet Froetscher, president of the NSC. "We know that cell phone use is a very risky distraction and texting is even higher risk. We now know that cell phone use causes many more crashes than texting. The main reason is that millions more drivers use cell phones than text. That is why we need to address both texting and cell phone use on our roads.
"This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving. There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.”
The NSC used data from the National Highway Traffic Safety Council Administration (NHTSA) to estimate crashes caused by cell phone use. NHTSA data shows that at any one time, 11 percent of drivers are using cell phones. Research indicates that cell phone use increases the risk of crashing by four times. According to the NSC, cell phone use contributes to an estimated 25 percent of injury and property damage auto crashes.
I have written a great deal about cell phone use and driving, texting while driving, and other forms of distracted driving. Distracted driving has become a much larger problem in recent years as more digital devices have hit the market. GPS navigators, for instance, can be dangerous and cause wrecks. If you have a GPS navigator, you should never try to enter an address or perform a search while driving. If you need to take your eyes off the road, then please pull off the road. Similarly, if you need to read or send a text message, pull over, take care of your business, and then continue to drive. Talking on the phone while driving is not as dangerous as texting while driving, but it is still dangerous. If you must talk on the phone while driving, invest in a hands-free device. Or, better yet, turn off your cell phone when your driving. Give yourself a break from our digital world, watch the road, and enjoy the scenery. If you need to call someone, take a brake from driving. It’s the wise thing to do.
If you’ve been injured by a driver using a cell phone, contact an experienced Georgia auto wreck attorney. You may be entitled to compensation. Call MLN Law at 404-531-9700 for a free consultation.
“We now know that at least 1.6 million crashes are caused by drivers using cell phones and texting," said Janet Froetscher, president of the NSC. "We know that cell phone use is a very risky distraction and texting is even higher risk. We now know that cell phone use causes many more crashes than texting. The main reason is that millions more drivers use cell phones than text. That is why we need to address both texting and cell phone use on our roads.
"This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving. There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.”
The NSC used data from the National Highway Traffic Safety Council Administration (NHTSA) to estimate crashes caused by cell phone use. NHTSA data shows that at any one time, 11 percent of drivers are using cell phones. Research indicates that cell phone use increases the risk of crashing by four times. According to the NSC, cell phone use contributes to an estimated 25 percent of injury and property damage auto crashes.
I have written a great deal about cell phone use and driving, texting while driving, and other forms of distracted driving. Distracted driving has become a much larger problem in recent years as more digital devices have hit the market. GPS navigators, for instance, can be dangerous and cause wrecks. If you have a GPS navigator, you should never try to enter an address or perform a search while driving. If you need to take your eyes off the road, then please pull off the road. Similarly, if you need to read or send a text message, pull over, take care of your business, and then continue to drive. Talking on the phone while driving is not as dangerous as texting while driving, but it is still dangerous. If you must talk on the phone while driving, invest in a hands-free device. Or, better yet, turn off your cell phone when your driving. Give yourself a break from our digital world, watch the road, and enjoy the scenery. If you need to call someone, take a brake from driving. It’s the wise thing to do.
If you’ve been injured by a driver using a cell phone, contact an experienced Georgia auto wreck attorney. You may be entitled to compensation. Call MLN Law at 404-531-9700 for a free consultation.
Labels: car crashes, cell phone, driving and technology, driving and texting
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
Auto accidents are the leading cause of teenage death in the United States. Car wrecks kill more than 5,000 teenagers each year. In 2007, more than 7,000 people were killed in wrecks involving teenage drivers. In the same year, more than 250,000 teenage drivers were injured.
Teenage drivers are typically inexperienced, easily distracted, and more careless than adult drivers. What can parents do to reduce the risk that their teenage driver will have an accident? The October issue of the journal Pediatrics includes two articles that suggest advice for parents of teen drivers.
In the article “Primary Access to Vehicles Increases Risky Teen Driving Behaviors and Crashes: National Perspective,” the authors found that 25 percent of teens who had primary access to vehicles had been involved in crashes. Only 10 percent of teenagers with shared vehicle access had been involved in accidents. The researchers also found that, when compared to drivers with shared access, drivers with primary access are more likely to use cell phones while driving and drive over the speed limit.
Why is that? Perhaps teens with primary access to a vehicle tend to think, “This is my car, so I can do what I want” (even if their parents bought the car for them). On the other hand, when teenagers have to ask for the car keys, they’re more likely to be careful behind the wheel, and parents are in a better position to monitor driving habits and behaviors.
A friend of mine waited until a year after her daughter got her driver’s license before she helped her daughter buy a used car. The daughter has never had a wreck or gotten a ticket. If you have a teenager, consider waiting a year or two before buying them a car of their own. They probably won’t be happy with the decision, but it just might save their life (or the life of someone else).
In the other Pediatrics article titled “Associations Between Parenting Styles and Teen Driving, Safety-Related Behaviors and Attitudes,” researchers examined how different parenting styles affect teenage driving. In the study, 50 percent of the parents were authoritative, 23 percent were permissive, 8 percent were authoritarian, and 19 percent were uninvolved. Authoritative parents were defined by high support and high control; permissive parents had high support and low control; authoritarian parents had low support and high control; and uninvolved parents exhibited low support and low control.
Can you guess which parents had the safest teenage drivers? Authoritative parents who offered both support and control had the safest teen drivers. Compared to teens with uninvolved parents, those with authoritative parents had half the crash risk, and they were 71 percent less likely to drive while intoxicated. They were also less likely to use a cell phone while driving. Teens with authoritative or authoritarian parents used seat belts twice as often and reported speeding half as often as teen drivers with uninvolved parents. In this study, there was no significant difference between permissive and uninvolved parents.
The study suggests that parents of teenage drivers should lay down the rules while offering emotional support. Make sure that your teenager is well aware of the risks of driving. Treat your teen like an adult. Work with your teenage driver to develop a written list of driving rules. When your teen breaks a rule, enforce the rules by temporarily restricting driving privileges.
If you need the legal advice of an experienced Georgia auto accident attorney, call MLN Law at 404-531-9700 to schedule your free consultation.
Teenage drivers are typically inexperienced, easily distracted, and more careless than adult drivers. What can parents do to reduce the risk that their teenage driver will have an accident? The October issue of the journal Pediatrics includes two articles that suggest advice for parents of teen drivers.
In the article “Primary Access to Vehicles Increases Risky Teen Driving Behaviors and Crashes: National Perspective,” the authors found that 25 percent of teens who had primary access to vehicles had been involved in crashes. Only 10 percent of teenagers with shared vehicle access had been involved in accidents. The researchers also found that, when compared to drivers with shared access, drivers with primary access are more likely to use cell phones while driving and drive over the speed limit.
Why is that? Perhaps teens with primary access to a vehicle tend to think, “This is my car, so I can do what I want” (even if their parents bought the car for them). On the other hand, when teenagers have to ask for the car keys, they’re more likely to be careful behind the wheel, and parents are in a better position to monitor driving habits and behaviors.
A friend of mine waited until a year after her daughter got her driver’s license before she helped her daughter buy a used car. The daughter has never had a wreck or gotten a ticket. If you have a teenager, consider waiting a year or two before buying them a car of their own. They probably won’t be happy with the decision, but it just might save their life (or the life of someone else).
In the other Pediatrics article titled “Associations Between Parenting Styles and Teen Driving, Safety-Related Behaviors and Attitudes,” researchers examined how different parenting styles affect teenage driving. In the study, 50 percent of the parents were authoritative, 23 percent were permissive, 8 percent were authoritarian, and 19 percent were uninvolved. Authoritative parents were defined by high support and high control; permissive parents had high support and low control; authoritarian parents had low support and high control; and uninvolved parents exhibited low support and low control.
Can you guess which parents had the safest teenage drivers? Authoritative parents who offered both support and control had the safest teen drivers. Compared to teens with uninvolved parents, those with authoritative parents had half the crash risk, and they were 71 percent less likely to drive while intoxicated. They were also less likely to use a cell phone while driving. Teens with authoritative or authoritarian parents used seat belts twice as often and reported speeding half as often as teen drivers with uninvolved parents. In this study, there was no significant difference between permissive and uninvolved parents.
The study suggests that parents of teenage drivers should lay down the rules while offering emotional support. Make sure that your teenager is well aware of the risks of driving. Treat your teen like an adult. Work with your teenage driver to develop a written list of driving rules. When your teen breaks a rule, enforce the rules by temporarily restricting driving privileges.
If you need the legal advice of an experienced Georgia auto accident attorney, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, avoid wrecks, car crashes, teen drivers, teenagers
According to the Georgia Department of Public Safety, from 6:00 p.m. Friday to midnight Monday, September 7, there were 2,231 crashes, 614 injuries, and 9 deaths over Labor Day weekend.
Officials expected fewer accidents. The estimate for the number of crashes was 1,725. The actual number of crashes was higher than the estimate. However, estimates for the number of injuries and deaths were low. The Department of Public Safety estimated 975 injuries and 18 deaths. Thankfully, even though there were more accidents than expected, there were not as many injuries or fatalities.
In 2008, there were 1,660 crashes, 798 injuries, and 19 deaths. Crashes increased by 571 this year.
Fatal crashes were reported by Cobb County Police and Georgia State Patrol posts in Conyers, Gainesville (2), Jasper, Marietta, Milledgeville, Thomson, and Waycross.
Sadly, even a Gwinnett Police Officer was arrested for DUI after hitting another car.
When traffic increases, the number of accidents increases. The next major holiday travel period will be Thanksgiving. It’s important to be extra careful during these periods of heavy travel.
Follow these tips to reduce your chances of being involved in an accident:
Never drive under the influence of alcohol or ride with someone who has been drinking.
Never read, send text messages, or apply make-up while driving. Distracted driving is a major cause of unnecessary accidents. If your phone rings, or if you receive a message, just wait until you’ve come to a stop before you reach for your cell phone.
Always drive under the speed limit and use your turn signals.
Never drive when you’re sleepy. Stop and get some rest. A lack of sleep will slow down your reaction times.
Keep up with the maintenance on your car. If you’re going on a long trip, get a professional service check before you leave. Make a habit of checking your tires before you get in your car.
If you are involved in an accident, call 911 immediately. Do not discuss the wreck with anyone until the police arrive. Collect contact information from any witnesses.
If you have a camera on you, take photos of the scene. If you don’t have a camera, try to get a disposable camera and take pictures as soon as possible.
If you feel like you’ve been injured even slightly, see a doctor immediately. You should also contact a lawyer immediately before crucial evidence disappears. An experienced attorney can help you get monetary compensation for your injuries. Time is of the essence. Talk to an attorney as soon as possible.
If you’ve been injured in an auto accident and need a Georgia accident lawyer, call MLN Law at 404-531-9700 to schedule your free consultation. We’ll stand up for your rights and make sure you get the compensation you deserve.
Officials expected fewer accidents. The estimate for the number of crashes was 1,725. The actual number of crashes was higher than the estimate. However, estimates for the number of injuries and deaths were low. The Department of Public Safety estimated 975 injuries and 18 deaths. Thankfully, even though there were more accidents than expected, there were not as many injuries or fatalities.
In 2008, there were 1,660 crashes, 798 injuries, and 19 deaths. Crashes increased by 571 this year.
Fatal crashes were reported by Cobb County Police and Georgia State Patrol posts in Conyers, Gainesville (2), Jasper, Marietta, Milledgeville, Thomson, and Waycross.
Sadly, even a Gwinnett Police Officer was arrested for DUI after hitting another car.
When traffic increases, the number of accidents increases. The next major holiday travel period will be Thanksgiving. It’s important to be extra careful during these periods of heavy travel.
Follow these tips to reduce your chances of being involved in an accident:
Never drive under the influence of alcohol or ride with someone who has been drinking.
Never read, send text messages, or apply make-up while driving. Distracted driving is a major cause of unnecessary accidents. If your phone rings, or if you receive a message, just wait until you’ve come to a stop before you reach for your cell phone.
Always drive under the speed limit and use your turn signals.
Never drive when you’re sleepy. Stop and get some rest. A lack of sleep will slow down your reaction times.
Keep up with the maintenance on your car. If you’re going on a long trip, get a professional service check before you leave. Make a habit of checking your tires before you get in your car.
If you are involved in an accident, call 911 immediately. Do not discuss the wreck with anyone until the police arrive. Collect contact information from any witnesses.
If you have a camera on you, take photos of the scene. If you don’t have a camera, try to get a disposable camera and take pictures as soon as possible.
If you feel like you’ve been injured even slightly, see a doctor immediately. You should also contact a lawyer immediately before crucial evidence disappears. An experienced attorney can help you get monetary compensation for your injuries. Time is of the essence. Talk to an attorney as soon as possible.
If you’ve been injured in an auto accident and need a Georgia accident lawyer, call MLN Law at 404-531-9700 to schedule your free consultation. We’ll stand up for your rights and make sure you get the compensation you deserve.
Labels: auto accident, car crashes
I see them every morning on the way to work: “multi-tasking drivers” - drivers who are talking on their cell phone, watching their GPS system, and eating breakfast all at the same time. It’s scary. And it’s disappointing to learn that government officials covered up research about the risks of cell phone use while driving.
Last week The New York Times reported that the National Highway Traffic Safety Administration (NHTSA) withheld hundreds of pages of research about the dangers of cell phone use while driving. According Matt Richtel, former head of the NHTSA, officials at the Department of Transportation (DOT) urged the agency to withhold the research to avoid antagonizing the Congressional appropriators who controlled the highway budget. These appropriators had made it clear that they wanted the NHTSA to gather safety data but not to “lobby” the states. As a result of the DOT’s urging, the research was never released, and plans for a large-scale study were never presented.
The 2003 research was finally released last week through the Freedom of Information Act. The following comes from a 2003 draft letter that was never sent:
As you know, the wireless communications industry has grown at an extraordinary rate. Today there are more than 147 million cell phone subscribers - more than half of the U.S. population. According to a survey by the National Highway Traffic Safety Administration, 6% of daylight driving time - up from 4% in 2000 - involves talking onthe phone. That translates into more than 200 million in-car calls per day. However, the primary responsibility of the driver has always been to operate a motor vehicle safely. It is a task that requires full attention and focus. Statistics show that all distractions, whether associated with the use of technology or not, can increase the risk of a crash.
NHTSA estimates that driver distraction contributes to about 25 percent of all traffic crashes. Though all distractions are a concern, we have seen the growth of a particulardistraction, namely cell phone use while driving. While the precise impact cannot bequantified, we nevertheless have concluded that the use of cell phones while driving has contributed to an increasing number of crashes, injuries and fatalities. A significant body of research worldwide indicates that both hand-held and hands-free cell phones increase the risk of a crash. Indeed, research has demonstrated that there is little, if any, difference between the use of hand-held and hands-free phones in contributing to the risk of driving while distracted. In either operational mode, we have found that the cognitive distraction is significant enough to degrade a drivers’ performance.
We recommend that drivers not use these devices when driving, except in an emergency. Moreover, we are convinced that legislation forbidding the use of handheld cell phones while driving will not be effective since it will not address the problem. In fact, such legislation may erroneously imply that hands-free phones are safe to use while driving.
Why did it take six years for government officials to release this information? As The New York Times puts it, Since when did trying to save lives constitute lobbying?
“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” said Clarence Ditlow, director of the Center for Auto Safety.
Studies in recent years have shown that a driver talking on a cell phone is four times more likely to crash; furthermore, a driver who’s talking on a cell phone is comparable to a drunk driver with a 0.08 blood alcohol content.
Texting and talking while driving is standard behavior. Today, in 2009, the DOT estimates that roughly 12 percent of drivers are on the phone at any given time. That number has doubled since 2003. Perhaps, if the 2003 research was not withheld, a few more lives could have been saved.
Have you been injured in a car wreck because of a distracted driver? If so, call MLN Law at 404-531-9700 to schedule your free consultation.
Last week The New York Times reported that the National Highway Traffic Safety Administration (NHTSA) withheld hundreds of pages of research about the dangers of cell phone use while driving. According Matt Richtel, former head of the NHTSA, officials at the Department of Transportation (DOT) urged the agency to withhold the research to avoid antagonizing the Congressional appropriators who controlled the highway budget. These appropriators had made it clear that they wanted the NHTSA to gather safety data but not to “lobby” the states. As a result of the DOT’s urging, the research was never released, and plans for a large-scale study were never presented.
The 2003 research was finally released last week through the Freedom of Information Act. The following comes from a 2003 draft letter that was never sent:
As you know, the wireless communications industry has grown at an extraordinary rate. Today there are more than 147 million cell phone subscribers - more than half of the U.S. population. According to a survey by the National Highway Traffic Safety Administration, 6% of daylight driving time - up from 4% in 2000 - involves talking onthe phone. That translates into more than 200 million in-car calls per day. However, the primary responsibility of the driver has always been to operate a motor vehicle safely. It is a task that requires full attention and focus. Statistics show that all distractions, whether associated with the use of technology or not, can increase the risk of a crash.
NHTSA estimates that driver distraction contributes to about 25 percent of all traffic crashes. Though all distractions are a concern, we have seen the growth of a particulardistraction, namely cell phone use while driving. While the precise impact cannot bequantified, we nevertheless have concluded that the use of cell phones while driving has contributed to an increasing number of crashes, injuries and fatalities. A significant body of research worldwide indicates that both hand-held and hands-free cell phones increase the risk of a crash. Indeed, research has demonstrated that there is little, if any, difference between the use of hand-held and hands-free phones in contributing to the risk of driving while distracted. In either operational mode, we have found that the cognitive distraction is significant enough to degrade a drivers’ performance.
We recommend that drivers not use these devices when driving, except in an emergency. Moreover, we are convinced that legislation forbidding the use of handheld cell phones while driving will not be effective since it will not address the problem. In fact, such legislation may erroneously imply that hands-free phones are safe to use while driving.
Why did it take six years for government officials to release this information? As The New York Times puts it, Since when did trying to save lives constitute lobbying?
“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” said Clarence Ditlow, director of the Center for Auto Safety.
Studies in recent years have shown that a driver talking on a cell phone is four times more likely to crash; furthermore, a driver who’s talking on a cell phone is comparable to a drunk driver with a 0.08 blood alcohol content.
Texting and talking while driving is standard behavior. Today, in 2009, the DOT estimates that roughly 12 percent of drivers are on the phone at any given time. That number has doubled since 2003. Perhaps, if the 2003 research was not withheld, a few more lives could have been saved.
Have you been injured in a car wreck because of a distracted driver? If so, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: car crashes, car wreck, cell phone
Smoking bans in individual cities and individual bars and restaurants are intended to save lives by reducing patrons’ exposure to second-hand smoke, but they may actually be causing more drunk driving fatalities, according to a report from ScienceDaily.
A study completed last year at the University of Wisconsin-Milwaukee (UWM) suggests that drunk driving fatalities increase following the enactment of smoking bans. The results of this study appeared in the June 2008 issue of the Journal of Public Economics as well as the May issue of The Economist.
Researchers hypothesize that smokers are willing to drive longer distances to establishments that allow smoking. Professor Scott Adams explains, “Like they would to buy fireworks, lotto tickets or, in some cases, alcohol, people will often go to a neighboring jurisdiction that doesn’t have a ban.”
With smokers driving across town or out of town to visit establishments where smoking is allowed, the chances of them having an auto accident increase. However, Adams believes that the positive health effects of smoking bans still outweigh the negative. A preliminary study suggests that smoking bans are associated with evidence of a reduction in heart disease.
Professor Adams says that the best solution would be a universal smoking ban in public establishments. This would eliminate the risk of smokers driving long distances to avoid individual bans.
“I view economics very much as a social science – the costs associated with people’s behavior,” said Adams, who specializes in health and labor economics. “Public economists are concerned with the externalities and whether what affects you also has an impact on others – without those costs being accounted for.”
In Georgia, smoking has been banned in restaurants but not in bars.
Would a universal smoking ban in Georgia reduce the number of drunk driving fatalities? What do you think? We’d love to hear your comments.
A universal smoking ban would certainly cut down on health problems and deaths caused by second-hand smoke.
When intoxicated drivers get behind the wheel, they put many people at risk of serious injury or death. In Georgia, bars and restaurants may also be held responsible for drunk driving accidents if they serve someone who is underage or visibly intoxicated.
At MLN Law, we aggressively pursue claims against drunk drivers. If you’ve been injured by a drunk driver, or if you’ve lost a loved one because of a drunk driver, we’ll explore all options for recovery. You may be able to sue the bar, restaurant, or liquor store that served the drunk driver. You may also be able to sue the drunk driver for punitive damages as well as negligence. Punitive damages exist as a way of punishing drunk drivers for their reckless behavior.
If you or a loved one has been the victim of an irresponsible drunk driver, contact us immediately. Prompt action must be taken to investigate the accident, preserve evidence, and evaluate damages and injuries.
Call MLN Law at (404) 531-9700 to schedule your free consultation. You can call 24 hours a day. If we’re not in the office, leave a message with your contact information. When it comes to drunk driving, we will do everything in our power to punish reckless behavior and make sure you get the compensation you deserve.
A study completed last year at the University of Wisconsin-Milwaukee (UWM) suggests that drunk driving fatalities increase following the enactment of smoking bans. The results of this study appeared in the June 2008 issue of the Journal of Public Economics as well as the May issue of The Economist.
Researchers hypothesize that smokers are willing to drive longer distances to establishments that allow smoking. Professor Scott Adams explains, “Like they would to buy fireworks, lotto tickets or, in some cases, alcohol, people will often go to a neighboring jurisdiction that doesn’t have a ban.”
With smokers driving across town or out of town to visit establishments where smoking is allowed, the chances of them having an auto accident increase. However, Adams believes that the positive health effects of smoking bans still outweigh the negative. A preliminary study suggests that smoking bans are associated with evidence of a reduction in heart disease.
Professor Adams says that the best solution would be a universal smoking ban in public establishments. This would eliminate the risk of smokers driving long distances to avoid individual bans.
“I view economics very much as a social science – the costs associated with people’s behavior,” said Adams, who specializes in health and labor economics. “Public economists are concerned with the externalities and whether what affects you also has an impact on others – without those costs being accounted for.”
In Georgia, smoking has been banned in restaurants but not in bars.
Would a universal smoking ban in Georgia reduce the number of drunk driving fatalities? What do you think? We’d love to hear your comments.
A universal smoking ban would certainly cut down on health problems and deaths caused by second-hand smoke.
When intoxicated drivers get behind the wheel, they put many people at risk of serious injury or death. In Georgia, bars and restaurants may also be held responsible for drunk driving accidents if they serve someone who is underage or visibly intoxicated.
At MLN Law, we aggressively pursue claims against drunk drivers. If you’ve been injured by a drunk driver, or if you’ve lost a loved one because of a drunk driver, we’ll explore all options for recovery. You may be able to sue the bar, restaurant, or liquor store that served the drunk driver. You may also be able to sue the drunk driver for punitive damages as well as negligence. Punitive damages exist as a way of punishing drunk drivers for their reckless behavior.
If you or a loved one has been the victim of an irresponsible drunk driver, contact us immediately. Prompt action must be taken to investigate the accident, preserve evidence, and evaluate damages and injuries.
Call MLN Law at (404) 531-9700 to schedule your free consultation. You can call 24 hours a day. If we’re not in the office, leave a message with your contact information. When it comes to drunk driving, we will do everything in our power to punish reckless behavior and make sure you get the compensation you deserve.
Labels: car crashes, car wreck, drunk driver, drunk driving, DUI
Jacqueline Saburido, pictured at left three years after her car was hit by a drunk driver, is living proof that not everyone who gets hit by a drunk driver dies. Some victims continue to suffer for many years.On a Sunday morning in 1999, Jacqueline, age 20 at the time, was on her way home from a birthday party with four of her friends. Reggie Stephey, age 18 at the time, was on his way home from drinking beer. Reggie’s SUV crashed into Jacqueline’s Oldsmobile. Two of Jacqueline’s friends died at the scene. Within minutes, the Oldsmobile was engulfed in flames. Jacqueline was pinned inside. Over 60% of her body was severely burned. Nobody thought that Jacqui would live. But she did.
Jacqui lost her fingers, hair, ears, nose, left eyelid, and much of her vision. She has had more than 50 operations since the crash, and she has many more to go.
Reggie was convicted of two counts of intoxication manslaughter for the deaths of Jacqui’s two friends. He was released from prison last year after serving a full seven-year sentence.
Jacqui bravely allowed post-accident photos of herself to be used in media campaigns against drunk driving. She appeared on Oprah in 2003, and Oprah called her “a woman who defines survival.”
Amazingly, Jacqui has publicly forgiven Reggie, even though his drunk driving completely destroyed her life. Oprah said that Jacqui defines “inner beauty.” Jacqui’s story is humbling and inspiring, and it reminds us that drunk driving is a serious crime.
In 2005 alone, there were 16,885 alcohol-related traffic fatalities in the United States; that’s an average of one alcohol-related fatality every 31 minutes. In the same year, there were over 254,000 injuries from alcohol-related accidents; that’s an average of one every two minutes. In 2006, there were 604 alcohol-related highway fatalities in Georgia; this number accounts for nearly one-third of Georgia’s total fatalities.
One bad decision - drinking and driving just one time - can destroy a life. Please don’t drink and drive.
If you or a loved one has been injured by a drunk driver, contact The Law Offices of Michael L. Neff as soon as possible. We must act quickly to investigate the accident and preserve evidence.
We aggressively pursue irresponsible drunk drivers and hold them accountable to the full extent of the law. As a victim, you can sue for negligence and punitive damages. You can punish the irresponsible behavior on the part of the drunk driver - and Jacqui Saburido would agree that you should punish such behavior. Too many innocent people have been victims of drunk drivers.
You may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. For example, if a restaurant served someone who was obviously intoxicated, then you can also hold the restaurant accountable for your injuries.
If you’ve been injured by a drunk driver, call (404) 531-9700 to schedule your free consultation with Michael Lawson Neff.
Labels: accident, car crashes, car wreck, drunk driver, drunk driving, DUI
All lanes of Highway 53 in Braselton were shut down last Thursday evening for nearly two-hours as crews worked to clear a wreck near the Hall/Jackson County line.
Trooper Land with the Georgia State Patrol said that a tractor-trailer driven by 61-year-old Carl Manning failed to yield the right of way and turned into traffic while trying to enter a Chevron.
A car traveling east attempted to avoid the collision by swerving into the turn lane. The vehicle and the tractor-trailer crashed head on. The tractor trailer came to rest on top of the car.
The driver of the car, 53-year-old Daniel Moye of Watkinsville, had serious injuries and had to be flown by helicopter to Grady Memorial Hospital in Atlanta.
The truck driver only complained of minor injuries.
Trooper Land with the Georgia State Patrol said that a tractor-trailer driven by 61-year-old Carl Manning failed to yield the right of way and turned into traffic while trying to enter a Chevron.
A car traveling east attempted to avoid the collision by swerving into the turn lane. The vehicle and the tractor-trailer crashed head on. The tractor trailer came to rest on top of the car.
The driver of the car, 53-year-old Daniel Moye of Watkinsville, had serious injuries and had to be flown by helicopter to Grady Memorial Hospital in Atlanta.
The truck driver only complained of minor injuries.
Labels: atlanta, auto accident, car crashes, Grady Hospital, tractor trailer
The Kansas City Star reported that the Missouri Appeals court upheld a $16 million verdict against Allstate. On March 24, 2000, Wayne Davis Jr. got into his pickup while intoxicated, crossed the center line on U.S. 54 in Camden County and hit a compact car head-on.
The crash pushed the car back more than 100 feet. The driver and the passenger, Edward Johnson and his wife, Virginia, survived but suffered life-threatening injuries. Virginia was hospitalized for 40 days and Edward for 35 days. Their combined hospital bills totaled $320,000.
The Johnsons offered to settle for Davis’ minimal insurance policy limits of $50,000, but Allstate Insurance Co., did not respond for six months. That was after the statutory 60-day limit for accepting the settlement offer had expired.
Now Allstate has to pay much more for its failure to offer a reasonable settlement. On Tuesday, the Missouri Court of Appeals in Kansas City upheld a jury verdict that socked the insurer with more than $16 million in damages.
After Allstate failed to settle, the Johnsons sued Davis. He consented to a judgment in their favor of more than $5 million — $2.5 million in actual damages, $1.5 million in punitive damages and more than $1 million in prejudgment interest.
The Johnsons, however, agreed not to execute on the judgment in return for Davis’ assignment to them of most of his claim against Allstate for its refusal to settle.
The couple and Davis then sued Allstate in Jackson County Circuit Court, alleging the insurer had acted in bad faith when it did not timely respond to the Johnsons’ initial settlement offer.
Allstate claimed it lost the letter proposing the settlement and responded late because it did not receive the Johnsons’ medical records. The jury was unconvinced. On Nov. 8, 2006, it found that Allstate had acted in bad faith and unanimously awarded compensatory damages of $5.8 million plus 9 percent interest since the date of the judgment to the Johnsons. By a vote of 10-2, it also hit Allstate with $10.5 million in punitive damages.
Allstate appealed, and on Tuesday a three-judge panel of the Missouri Court of Appeals upheld the verdict. Judge Paul Spinden wrote, “Allstate’s failure to recognize the severity of the Johnsons’ injuries and the probability that the claim would far exceed Davis’s policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise Davis of the demand, his likely exposure for an excess judgment, and his right to retain counsel, are all circumstances supporting a reasonable inference that Allstate’s refusal to settle was in bad faith.”
Although Allstate argued that it was unsure the crash had caused the Johnsons’ injuries, Kansas City lawyer Walter Simpson, testifying as an expert witness, pointed out that they had to be cut out of the wreckage, were flown by helicopter to the hospital and received intensive care.
Mike Siemienas, a spokesman for Allstate, said the company was “disappointed the verdict was not overturned.”
Just a few weeks ago, Allstate settled another bad faith case in Kansas City on undisclosed terms. In that case, Jackson County Circuit Judge Michael Manners fined Allstate $25,000 per day — a penalty that ultimately grew to more than $7 million — for failing to comply with a court order directing it to turn over internal documents concerning its claim handling procedures.
The crash pushed the car back more than 100 feet. The driver and the passenger, Edward Johnson and his wife, Virginia, survived but suffered life-threatening injuries. Virginia was hospitalized for 40 days and Edward for 35 days. Their combined hospital bills totaled $320,000.
The Johnsons offered to settle for Davis’ minimal insurance policy limits of $50,000, but Allstate Insurance Co., did not respond for six months. That was after the statutory 60-day limit for accepting the settlement offer had expired.
Now Allstate has to pay much more for its failure to offer a reasonable settlement. On Tuesday, the Missouri Court of Appeals in Kansas City upheld a jury verdict that socked the insurer with more than $16 million in damages.
After Allstate failed to settle, the Johnsons sued Davis. He consented to a judgment in their favor of more than $5 million — $2.5 million in actual damages, $1.5 million in punitive damages and more than $1 million in prejudgment interest.
The Johnsons, however, agreed not to execute on the judgment in return for Davis’ assignment to them of most of his claim against Allstate for its refusal to settle.
The couple and Davis then sued Allstate in Jackson County Circuit Court, alleging the insurer had acted in bad faith when it did not timely respond to the Johnsons’ initial settlement offer.
Allstate claimed it lost the letter proposing the settlement and responded late because it did not receive the Johnsons’ medical records. The jury was unconvinced. On Nov. 8, 2006, it found that Allstate had acted in bad faith and unanimously awarded compensatory damages of $5.8 million plus 9 percent interest since the date of the judgment to the Johnsons. By a vote of 10-2, it also hit Allstate with $10.5 million in punitive damages.
Allstate appealed, and on Tuesday a three-judge panel of the Missouri Court of Appeals upheld the verdict. Judge Paul Spinden wrote, “Allstate’s failure to recognize the severity of the Johnsons’ injuries and the probability that the claim would far exceed Davis’s policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise Davis of the demand, his likely exposure for an excess judgment, and his right to retain counsel, are all circumstances supporting a reasonable inference that Allstate’s refusal to settle was in bad faith.”
Although Allstate argued that it was unsure the crash had caused the Johnsons’ injuries, Kansas City lawyer Walter Simpson, testifying as an expert witness, pointed out that they had to be cut out of the wreckage, were flown by helicopter to the hospital and received intensive care.
Mike Siemienas, a spokesman for Allstate, said the company was “disappointed the verdict was not overturned.”
Just a few weeks ago, Allstate settled another bad faith case in Kansas City on undisclosed terms. In that case, Jackson County Circuit Judge Michael Manners fined Allstate $25,000 per day — a penalty that ultimately grew to more than $7 million — for failing to comply with a court order directing it to turn over internal documents concerning its claim handling procedures.
Labels: Allstate insurance, bad faith, car crashes, drunk driver, DUI
With more trucks on the road than ever, we’re also seeing more truck accidents than ever before. According to the Associated Press, last week a semi slammed into the back of a school bus that had stopped to drop off students along a highway, seriously injuring five people.
The bus was loaded with 16 children from Wheatland Center School District, ranging from fourth to eighth graders. One of the children was ejected as the bus was hit from behind. Two other children, the truck driver and the bus driver also were seriously injured. Miraculously, the injuries were not believed to be life threatening.
Investigators think the trucker did not see the bus. There were no skid marks where the accident happened; the semi apparently came over a hill and struck the bus right in the rear. According to the sheriff, the truck driver "may have been occupied inside the cab drinking a soda. He was either coughing or choking on it."
At the Law Offices of Michael L. Neff, we talk with people frequently who, like these Wisconsin children, are involved in serious collisions with trucks. Thankfully no one was killed. But what do these families do now, since they have no doubt incurred high medical bills due to being hit by the truck? We urge them to contact an attorney who is skilled in personal injury cases to help shoulder the unexpected financial and emotional burdens they now carry. That’s why we’re here. If you know someone involved in a truck wreck, call or email us today.
The bus was loaded with 16 children from Wheatland Center School District, ranging from fourth to eighth graders. One of the children was ejected as the bus was hit from behind. Two other children, the truck driver and the bus driver also were seriously injured. Miraculously, the injuries were not believed to be life threatening.
Investigators think the trucker did not see the bus. There were no skid marks where the accident happened; the semi apparently came over a hill and struck the bus right in the rear. According to the sheriff, the truck driver "may have been occupied inside the cab drinking a soda. He was either coughing or choking on it."
At the Law Offices of Michael L. Neff, we talk with people frequently who, like these Wisconsin children, are involved in serious collisions with trucks. Thankfully no one was killed. But what do these families do now, since they have no doubt incurred high medical bills due to being hit by the truck? We urge them to contact an attorney who is skilled in personal injury cases to help shoulder the unexpected financial and emotional burdens they now carry. That’s why we’re here. If you know someone involved in a truck wreck, call or email us today.
Labels: car crashes, semi, serious injuries, tractor trailer, truck accident, truck wreck
Volvo has a project for a new automobile - called PreVENT. The project is based on computer software that uses existing technology that, in event of a possible collusion, allows the car's intelligent system to take over and execute evasive maneuvers. Despite using currently available equipment, it will be some time before we see this system implemented in the real world. For now you'll just have to keep relying on airbags, seatbelts, and luck.
http://crave.cnet.com/8301-1_105-9922480-1.html?tag=cnetfd.mt
http://crave.cnet.com/8301-1_105-9922480-1.html?tag=cnetfd.mt
Labels: avoiding car accidents, car crashes, car wreck
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