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Atlanta personal injury lawyer blog Monday, February 8, 2010

  Bar and Landscaping Firm Named in Drunk Driver Wrongful Death Lawsuit

In Georgia, if a drunk driver injures you, then you can sue a bar or liquor store that knowingly served the intoxicated individual. In Philadelphia, a wrongful death lawsuit shows that a victim may have grounds to sue even more responsible parties.

A Bucks County wrongful death lawsuit has named illegal immigrant Jose Esteban Maldonado Luzuriaga, Salute Restaurant and Bar, and Luzuriaga’s former employer Green Tree Landscape.

In 2008, Luzuriaga, 36, ran down and killed William Sullo III, 30, after Luzuriaga was kicked out of the bar for being visibly intoxicated. Luzuriaga slammed his Green Tree Landscape company pickup truck against Sullo and pinned the employee against a wall. Luzuriaga is now serving a 40-year sentence for murder.

Sullo’s family is suing Luzuriaga, the landscape company, and the bar. The suit seeks over $50,000 in damages for Sullo’s sister and over $50,000 in damages for his parents.

According to Luzuriaga’s guilty plea, he had been refused more alcohol because he was visibly drunk. He then started a fight with patrons in the parking lot. Sullo and another employee intervened. Luzuriaga then got in his Green Tree Landscape truck, a Ford F150, and proceeded to hit the accelerator, pinning Sullo against the building. Police reports showed that Luzuriaga had a blood alcohol content of 0.17 at the time of the incident. The legal limit for driving is 0.08.

According to the lawsuit, the owners of the landscape company knew that Luzuriaga was not a legal resident but gave him a truck anyway. Further, the lawsuit claims that Green Tree Landscape owners knew their employee had a history of driving drunk and a history of anger management problems and violent tendencies. The suit claims that the landscape company was negligent in supervising and empowering Luzuriaga with the company vehicle.

The lawsuit claims that the bar was negligent because they served Luzuriaga while he was visibly intoxicated, failed to prevent other patrons from supplying Luzuriaga with alcohol, and failed to hire adequate security.

After Luzuriaga serves his murder sentence, he will be deported. Sullo’s family will probably never see any money from him, if they win the case. Fortunately, they can sue other parties that contributed to the drunk driving homicide.

In Georgia, drunk drivers and other contributing parties (such as bars and restaurants) may be held accountable for their recklessness and negligence in DUI injuries and wrongful deaths. Those who encourage drunk driving are just as liable as those who commit the crime.

If you or a loved one have been injured by a drunk driver in Georgia, contact a Georgia personal injury lawyer immediately to discuss your legal rights and options. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Thursday, February 4, 2010

  Kennesaw State University Student Dies after Blacking Out from Drinking

The Atlanta Journal-Constitution reports that a Kennesaw State University student died Sunday morning after he passed out at a party on Sunday night. The nursing student was Dorian Richard Varcianna, 21. The party was off-campus. Varcianna passed out at the party and never woke up.

Police have not said that alcohol was the cause of death. They are waiting on a toxicology report. A memorial service was held on Tuesday night by members of the Iota Theta chapter of the Delta Tau Delta fraternity. His funeral will be held in New York.

According to Varcianna’s younger brother who was also at the party, Dorian was still conscious at 2:30 a.m. when friends took him to his house in Marietta. The friends, including his brother, put Dorian on a love seat in the garage and covered him with a blanket. Dorian’s brother checked on him around 6:30 a.m. and Dorian appeared to be sleeping. However, when his brother checked again at 9:00 a.m. Dorian was not breathing and his skin was cold.

A spokesperson from Kennesaw State University stressed that the party was not a campus-sanctioned event and was not related to rush activities for the fraternity. But KSU admits that most students at the party were members of the Delta Tau Delta fraternity. Cobb County Police are investigating Varcianna’s death.

Michael Sanserviro of KSU said that campus officials will increase efforts to inform students about the dangers of alcohol.

“We want to make sure that they are educated about the various risks associated with alcohol use,” Sanserviro said.

If you have a teenage child or a child in college, talk to them about the risks and dangers associated with drinking. Binge drinking is often encouraged in some college circles, but it can have devastating consequences such as death – or death of an innocent victim. College students are at an increased risk of alcohol-related injury and DUI. Make sure your children understand that just one night of binge drinking can end their bright future. This is not a pleasant conversation, but it’s one that every parent should have with their children.

Campus officials should do more to increase awareness about alcohol-related injuries and deaths. Computer-based alcohol interventions have been successful on some campuses. Such interventions typically question students about their drinking habits and educate students about risky drinking behaviors. These computer-based questionnaires can be totally anonymous and encouraged with incentives such as retail coupons. Studies have found that computer-based alcohol interventions on campus can decrease alcohol consumption for high-risk drinkers. Perhaps KSU should consider this type of alcohol intervention for all students.

In Georgia, if you or a loved one have been injured by a drunk driver, you may be in a position to sue not only the driver but also those who served the alcohol. In GA, liquor stores and restaurants may also be held accountable for serving intoxicated individuals. If an alcohol-related injury or death has affected you, contact an experienced Georgia personal injury attorney. You may be entitled to compensation. Call MLN Law at 404-531-9700.

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Tuesday, January 19, 2010

  Atlanta Area Police Officer Charged with DUI

Of all people, law enforcement officers should know about the dangers of driving under the influence of alcohol. They see DUI injuries first-hand. Yet I still periodically see stories about police officers involved in DUI wrecks. On Sunday morning, Union City Police Officer Patrick Reed was arrested for DUI after his vehicle crossed the center line and crashed into another vehicle.

Officer Reed was driving southbound on Old National Highway early Sunday morning when his Chevrolet Avalanche crossed the center line and hit a Pontiac Grand Prix head-on. The police report stated that Reed had bloodshot eyes, was unsteady on his feet, and had an odor of alcohol.

The driver of the Grand Prix was also charged with DUI. Reed was charged in Fulton County with DUI and failure to maintain lane. Both drivers were injured in the wreck and taken to Grady Hospital. A passenger in the Grand Prix was also injured in the DUI accident and is reportedly still in the hospital in critical condition.

"Right now [Reed] is on administrative leave with pay, pending an internal investigation and also the investigation from the Fulton County Police Department," Detective Jacqueline Lewis of the Union City Police Department told WSB-TV. "He has an excellent record. No disciplinary actions taken against him. This was a total shock."

Reed was off-duty and in his personal vehicle at the time of the accident. Neither Reed nor the other driver were taken into custody after the accident since they were admitted to the hospital with injuries. Both drivers were ticketed and will appear in court to face charges of DUI.

"The officer in question did come to the police station this morning and did turn in his badge and his duty belt," said Detective Lewis.

Officer Reed consented to a blood alcohol content (BAC) test at Grady Hospital, and Fulton County police are awaiting the results of that that.

Most police officers set a fine example for citizens. However, officers like Mr. Reed set a poor example for our children and all citizens. Our laws should be respected by all citizens, including those in uniform. If law enforcement officials do not respect the law, then how can they expect others to do so?

Driving under the influence of alcohol is a serious public health problem here in Atlanta, in the rest of Georgia, and in the nation as a whole. Drunk driving rates have been slowly decreasing in recent years, thanks in part to tougher DUI laws supported by groups such as Mothers Against Drunk Driving (MADD).

In Georgia, the victim of a drunk driver accident may not only sue the drunk driver but may also sue the individual and/or establishment that knowingly served alcohol to an intoxicated person who would be driving.

If you've been injured by a drunk driver in Georgia, contact an experienced Georgia auto accident injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation and review your legal rights.

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Thursday, December 31, 2009

  Drink Responsibly this New Year’s Eve

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!

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Friday, December 18, 2009

  Drive Safely This Holiday Season

In the coming weeks, many of us will join the rush of holiday travel. It’s the time of year we will enjoy with friends and family, celebrating our unique traditions and relationships. For most of us who join the celebration, it will be an exciting and memorable time of year.

But for some of us, this time of year can lead to increased risks. Every year, people drinking and or driving while distracted lead a few celebrators – and a few of those who they happen to share the road with – to accidents and even death.

The holidays are one of the busiest long distance travel periods of the year, and much of that traveling is done by car.In the spirit of the holiday safety, I would like to remind readers to be especially safe driving this holiday season, and offer a few tips.

- Prepare thoughtfully. Be prepared with a cell phone, water, blankets, snacks and other gear should your car breakdown and help cannot arrive immediately. You do not want to be stranded in winter weather during holiday travel.

- Pack chains if there is any chance of encountering snow.

- Before starting your trip, make sure your vehicle is fit for travel, tuned up, and prepared for winter driving conditions. Check antifreeze, windshield wipers and other cold weather components.

- Make sure you and your passengers both wear their safety belts.

- Leave early and be ready to change your travel plans if it becomes necessary. Winter weather can be dangerous and unpredictable. If snow or ice is expected, change your travel plans to accommodate it as much as possible.

- Don’t try to force yourself to adhere to an unrealistic schedule. Take regular breaks and stay fresh. Driving while tired and distracted increases your likelihood of acting recklessly. Don’t rush or speed.

- Give yourself plenty of time. Again, speeding is dangerous, especially if you hit poor weather. Even if you are running late, obey the speed limits and drive safely. It’s better to be late and safe than risk an accident.

- Pull off the road if you want to use your cell phone to call or text. Driving requires your full attention. I’ve written often enough in the past about the dangers of distracting driving that this should go without saying.

- Only pass when it is safe to do so.

- Alcohol features among many of our holiday parties and traditions, and can add to the festivities of the season, but if drinking is part of your holiday plans, remember to plan responsibly. Have a designated driver.

I hope that everyone’s holiday travel plans are safe and enjoyable. Remembering to drive safely is one way to help ensure that this is the case. Property damage, injury and death should stay well away from your plans over the holidays.

If you or a loved one has been injured by a distracted or otherwise impaired driver, 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.

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Tuesday, December 1, 2009

  $89 Million Verdict Awarded to Family of Drunk Driver Victim

The St. Louis Post-Dispatch reports that a Franklin Country, Missouri jury has awarded $89 million in damages to the family of a drunk driver victim killed in 2008.

“The eye-popping numbers were the jury’s attempt to send a message the only way they could,” said attorney Mark Bronson, who won the case after a day-long trial in Franklin County Circuit Court.

Bronson said that his clients probably won’t ever see a fraction of the money, but the jury made a big statement about their disgust with drunk driving.

In this case, the drunk driver was Troy Zerna, who was 20 years old at the time of the crash. Zerna was already driving on a hardship license because of a previous DWI. Zerna caused a head-on collision in 2008 with his previous DWI.

In the most recent crash, Zerna’s blood alcohol level was 0.20 percent - 2.5 times the legal limit to drive, according to Missouri Highway Patrol.

Dennis Riegel, Jr., 28, was killed in the crash. His fiancee Christine Hodge, who was 13 weeks pregnant at the time of the crash, was seriously injured. Hodge recovered and now has a daughter. The jury awarded $53.5 million to Hodge and $35.5 million to the couple’s daughter and Riegel’s parents, Dennis and Linda Riegel.

Zerna’s license had been suspended for his previous DWI just five months before the fatal DWI wreck. Zerna was sentenced to a total of 10 years in prison.

“I think the jury was expressing its belief that the system is not working, and they’re sending a message that sentences need to be tougher and they need to be increased across the board,” said Bronson.

A CNN ireport article states that the family of Riegel asked the jury to send the following message: “We are fed up with drunk drivers in our community. If you drink, do not drive. We all have cell phones. Call a friend, call a family member, call a taxi - do not get behind the wheel. Do not cause a senseless unnecessary tragedy.”

“The twelve jurors heard this family’s tragic story of the harms caused by a drunk driver and each of them wanted to do what they could to send a message to keep us all safer. Now the rest of the community needs to make sure the jury’s message sinks in. Do not drink and drive,” Bronson said after the verdict was read.

At the time of the wreck, Hodge and Riegel were returning from a mall, where they had been registering for their wedding. Zerna was speeding around a curve when he lost control of his vehicle and collided with Riegel’s vehicle head-on.

During the trial, Hodge testified and described how the force of the crash shattered nearly all the bones in her face and caused complications in her pregnancy. Relatives of Hodge and Riegel spoke about how they were looking forward to the young couple’s wedding and the need for tougher penalties for drunk drivers.

Have you been injured or lost a family member in an auto accident with a drunk driver? If so, contact an experienced Atlanta auto accident attorney immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Saturday, November 21, 2009

  Atlanta Drunk Driver Going Wrong Way on I-20 Killed Mother

Early this morning a mother of two was killed on I-20 in Atlanta a drunk driving going the wrong way crashed into her vehicle. Police say that the wrong-way driver appeared to be under the influence of alcohol.

The wreck happened at approximately 3:30 a.m. on I-20 eastbound near the Langhorn Street exit, according to WSB-TV. Police said that Robert Ayiteyfio, the suspect, was driving his Toyota Camry westbound in the eastbound lanes of I-20. Near the Langhorn Street ext, Ayiteyfio’s Camry collided with a Ford Taurus driven by the victim, Shameyka Welch, 24, of Austell.

Another adult and two children were in the car with Welch. The two children were taken to Egleston Children’s Hospital and are in stable condition. The other passenger is also in stable condition. Welch died at Grady Memorial Hospital.

An off-duty police officer spotted the wrong-way driver and called for back-up before the crash actually happened. The suspect fled on foot while he was being questioned by an Atlanta Police Department DUI Task Force officer, but he was apprehended. Ayiteyfio was checked by emergency medical workers and charged with DUI, homicide by vehicle,, and driving he wrong way before being taken to Fulton County Jail.

A reader on wsbtv.com commented on the story, “Few states have figured out what to do with drunk drivers. Do taxpayers foot the bill for years of incarceration, or do we tap these killers on the wrist and let them keep driving to do it again and again?”

I believe that Georgia is on the right track when it comes to punishing drunk drivers. In Georgia, a victim or victim’s family can sue a drunk driver not only for monetary damages but also for punitive damages. In other words, a victim of a drunk driver can seek to punish the drunk driver. Normally, punitive damages in Georgia are capped at $250,000, but they can be unlimited for drunk driver victims. The victim of a drunk driver may also file suit against a restaurant, liquor store, or other establishment that served alcohol to an intoxicated individual. Georgia certainly does not tap drunk drivers on the wrist. Our state also has several DUI courts in which convicted drunk drivers receive treatment for alcoholism. Research shows that DUI courts reduce rates of recidivism for drunk drivers.

Still, Georgia has a relatively high rate of DUI accidents. According to MADD, nearly 30 percent of Georgia’s fatal traffic accidents in 2008 involved drunk drivers. The word “accident” is a bit of misnomer. All intoxicated drivers make a choice to get behind the wheel of a vehicle. That’s not an accident. Victims can help to reduce the rate of drunk driving by aggressively pursuing offenders in the court of law.

Have you been the victim of a drunk driver? If so, contact a Georgia personal injury lawyer as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Thursday, November 5, 2009

  Studies Note Increase in Drugged Driving

Recent studies point to an alarming new trend in fatalities related to DUI’s. Increasingly, drivers are getting into accidents not while under the influence of alcohol (or not alcohol alone), but instead, they are endangering the lives of those around them by driving while impaired by illegal or prescription drugs.

This revelation comes to taint the good news that over all, there has been a decrease in drunk driving.

“While the incidence of drunk driving violations has been on a decline, DUI while drugged is on the rise,” said Mary Rieser, the Executive Director of The Atlanta Recovery Center, Narconon Drug Rehab. "DUI while taking prescription meds or illegal drugs causes impaired judgment and decreased motor skills. Drug abuse and drug addiction cause untold misery in families, jobs, the court systems, and in the open road. Be careful."

In 2005, an estimated 14.1 percent of individuals over the age of twelve had driven while under the influence of either alcohol or an illicit drug. That number dropped in 2006, falling to 13.3 percent. This small improvement is colored by the fact that the 2006 estimate still puts the number of individuals driving while impaired at around 32.8 million a year.

More than 17,000 people were killed in alcohol related traffic accidents in 2006, according to the National Highway Traffic Safety Administration. Studies suggest that between 10 and 22 percent of the drivers involved in these crashes were also using drugs, generally in combination with alcohol.

An estimated 10.2 million, or 4.2 percent, individuals over the age of twelve reported driving under the influence of illicit drugs during the previous year in 2006 according to the National Survey on Drug Use and Health. At similar rate, 4.3 percent, was reported in 2005. This is a slight decrease from 2002, when 4.7 percent of individuals over twelve were estimated to have driven under the influence of drugs. While the decrease may be encouraging, less so is the age at where the rate is highest – among eighteen to twenty-five year olds.

A number of studies have explored the drugged driving phenomenon, and this is not the only one to connect it with a particular age group. In one study, an estimated 7.3 percent of individuals drove under the influence at age sixteen, a number which steadily rises to peak among young adults of twenty-two, whose rate was as high as 31.8 percent. That is not much short of one third of twenty-two year old drivers who report having driven under the influence of drugs or alcohol. A chilling statistic.

A study at a Maryland trauma center found that about 34 percent of patients admitted as the victims of motor vehicle crashes tested positive for tested positive for drugs only, while only 16 percent tested positive for alcohol alone. 9.9 percent, or essentially one in ten, tested positive for both. Among this group, some fifty percent were under the age of eighteen.

Driving under the influence of any substance, be it drugs or alcohol, is obviously a serious concern as it puts driver, passengers and those they share the road with all in danger. These substances affect reaction time and judgment, even in small doses. It is doubly concerning to see so many of the drivers who put themselves and those around them at risk are themselves young and inexperienced on the road.

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Thursday, October 1, 2009

  2008 Traffic Safety Data for Drunk Driving

The National Highway Traffic Safety Administration (NHTSA) recently released 2008 traffic safety data concerning drunk driving. For the statistics below, a drunk driver (or alcohol-impaired driver) is defined as someone with a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or higher.

In 2008, 11,773 people were killed in drunk driver crashes. These alcohol-impaired-driving fatalities accounted for 32 percent of the total motor vehicle traffic fatalities in the United States.

Traffic fatalities in alcohol-impaired-driving crashes decreased nearly 10 percent from 13,041 in 2007 to 11,773 in 2008.

Estimates of alcohol-impaired driving are generated using BAC values reported to the Fatality Analysis Reporting System (FARS) and imputed BAC values when they are not reported. Note that the term “alcohol-impaired” does not necessarily indicate that a crash or a fatality was caused by alcohol impairment. The 11,773 fatalities in alcohol-impaired-driving crashes during 2008 represent an average of one alcohol-impaired-driving fatality every 45 minutes.

In 2008, all 50 States, the District of Columbia, and Puerto Rico had by law created a threshold making it illegal per se to drive with a BAC of .08 or higher. Of the 11,773 people who died in alcohol-impaired-driving crashes in 2008, 8,027 (68%) were drivers with a BAC of .08 or higher. The remaining fatalities consisted of 3,054 (26%) motor vehicle occupants and 692 (6%) non-occupants.

In 2008, a total of 1,347 children age 14 and younger were killed in motor vehicle traffic crashes. Of those 1,347 fatalities, 216 (16%) occurred in alcohol-impaired-driving crashes. Out of those 216 deaths, 99 (46%) were occupants of a vehicle with a driver who had a BAC level of .08 or higher. Another 34 children age 14 and younger who were killed in traffic crashes in 2008 were pedestrians or cyclists who were struck by drivers with a BAC of .08 or higher.

The rate of drunk driving among drivers involved in fatal crashes was four times higher at night than during the day (36% versus 9%).In 2008, 15 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to 32 percent on weekends.

2008 Drunk Driver Demographics

For fatal crashes in 2008, the highest percentage of drivers with a BAC level of .08 or higher was for drivers ages 21 to 24 (34%), followed by ages 25 to 34 (31%) and 35 to 44 (25%).

The percentages of drivers involved in fatal crashes with a BAC level of .08 or higher in 2008 were 29 percent for motorcycle riders and 23 percent for both passenger cars and light trucks. The percentage of drivers with BAC levels of .08 or higher in fatal crashes was the lowest for large trucks (2%).

In 2008, 6,316 passenger vehicle drivers who were killed had a BAC of .08 or higher. Out of those 6,316 driver fatalities, 73 percent were unrestrained. Drivers with a BAC of .08 or higher involved in fatal crashes were eight times more likely to have a prior conviction for driving under the influence (DUI) than were drivers with no alcohol (8% and 1%, respectively).

In Georgia, drunk drivers were involved in 28 percent of the state’s total fatalities in 2008.

Have you or a loved one been injured or killed by a drunk driver? If so, you may be entitled to recovery including punitive damages. Contact a Georgia personal injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Monday, September 28, 2009

  Binge Drinking and Driving: More Common Than We Knew

A new study from the Centers for Disease Control has found that 1 out of 10 people got behind the wheel the last time they went on a drinking binge. Further, over half of those drivers left from a bar, restaurant or night club. This first of its kind study has shed new light on a formerly unstudied drinking behavior and suggests that new policies are needed to prevent public places from over serving people who are already intoxicated.

Binge drinking is defined as having more than five drinks in one sitting for a man and more than four drinks in one sitting for a woman. The CDC study looked at 14,000 people who said they regularly had five or more drinks in one sitting at least once per month. Twelve percent of participants admitted that they got behind the wheel within two hours of a binge. And while five drinks may seem like an overwhelmingly large number, half of the drivers who said they drove away from a bar, restaurant or other establishment admitted to having seven drinks. A quarter of those had imbibed a whopping 10 or more drinks before taking to the roads.

Dr. Timothy Naimi of the CDC’s Alcohol program led the study, which was released earlier this month. According to Naimi, binge drinking is the main factor behind the more than 11,000 deaths caused annually by alcohol-related motor vehicle crashes.

So what can we do about binge drinkers? As reported in the Atlanta Journal Constitution, most states already have laws in place that are supposed to prevent bars, nightclubs, restaurants and other drinking establishments from selling alcohol to drunk patrons. But local law enforcement simply does not have the personnel to spend a great deal of time inside bars enforcing over-serving laws, especially on busy Friday and Saturday nights.

“[Over serving laws] are among the most disregarded laws in the country,” said Naimi.

Unfortunately, over serving is one juncture where commerce and the law disagree. It is in the best interest of a bartender or restaurant owner to continue to serve drinks as long as patrons or ordering. Working for tips, word of mouth, and repeat business, bartenders and owners are best served if they keep serving, and serving, and serving drinking patrons.

There is a bit of good news along with the bad. This most recent CDC study is based on phone surveys taken in 2003 and 2004, but since then, according to the National Highway Traffic Safety Administration, drunk driving fatalities have decreased almost 10%.

Further, new technology has helped in the fight against drunk driving. Some judges have taken to punishing drunk drivers with court-mandated devices that do not allow a car to start until the driver breathes into a breathalyzer device and confirms that their blood alcohol level does not exceed the legal limit.

Unfortunately, efforts like in-car breathalyzer tests focus on punishing offenders, not enablers. Restaurants, bars and nightclubs rarely find themselves penalized for over-serving patrons.
“The drinking location is really important,” said Naimi. “We’re trusting these licensed establishments to serve responsibly, and more than half of the intoxicated people who drive have been drinking in these places.”

Also according to Naimi, a follow-up survey in 2008 found that the binge drinking and driving situation hadn’t changed. Results of the follow-up are pending release.

If you or someone you know has been injured by a drunk driver, you have legal recourse. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Wednesday, September 9, 2009

  Gwinnett Police Officer Caused DUI Wreck, Injury

Over Labor Day weekend, I saw police officers out in full force, and I am grateful for their hard work. There’s no telling how many injuries and fatalities they prevented by removing drunk drivers from Georgia highways.

And then there’s Gwinnett County police officer James Stoudenmire, who, according to the Atlanta Journal-Constitution, got drunk at Wild Bill’s dance club on Friday night and rear-ended another car after he left the club early Saturday morning.

Stoudenmire, 27, was driving his Mustang when he rear-ended a Mazda at a stop light. A passenger in the Mazda suffered a leg injury. Luckily, there were no serious injuries or fatalities.

The responding officer noted that Stoudenmire was unsteady during the field sobriety test and had a strong odor of alcohol on his breath.

Stoudenmire, who was off duty at the time, said that he had four drinks at Wild Bill’s starting at 4:00 p.m. on Friday. The accident occurred at 1:15 a.m. on Saturday morning. It appears that Officer Stoudenmire had more than four drinks.

The police report states that he “stumbled and fell against the wall across from the holding cell” as he was being released from jail on a $1,557 bond. He was charged with DUI and following too closely.

Stoudenmire is a four-year veteran of the Gwinnett County Police Department. He was placed on administrative leave, pending an investigation by the department’s Professional Standards Unit.

Do you think that Stoudenmire should be allowed to return to his job as on officer of the law after getting drunk, causing an accident, and injuring another person over Labor Day weekend?

As a police officer, Stoudenmire had to know that Labor Day weekend is one of the deadliest travel times of the year. In a recent press release publicizing Operation Zero Tolerance (OZT) – a crackdown on drunk driving – the Governor’s Office of Highway Safety revealed that there were 1,660 traffic crashes in Georgia during the Labor Day travel period last year. There were 19 deaths and 798 injuries. In 2007, more than 1,000 people were injured in Labor Day travel accidents.

“The sad fact is one-out-of-three of our fatal highway crashes in Georgia each year is caused by impaired drivers. And every one of those tragic alcohol-related deaths is completely preventable!” said Director Bob Dallas of the Governor's Office of Highway Safety.

Stoudenmire should have paid attention to the advice in the OZT press release: "Remember to designate a sober driver in advance – before the Labor Day festivities begin." If Stoudenmire had followed that one simple piece of advice, he would have prevented an unnecessary injury.

If you’re injured by a drunk driver or another careless driver, call MLN Law at 404-531-9700 to schedule your free consultation. In DUI cases, you may be entitled to punitive damages as well as standard recovery. You may also be able to sue the establishment that served the drunk driver in addition to the driver. If you or a loved one has been the victim of a drunk driver, call MLN Law now at 404-531-9700.

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Wednesday, September 2, 2009

  Drunk Driving Fatalities among Female Drivers on the Rise - Labor Day Driving Tips

Last week Natasha Searcy, a 22-year-old young woman from Douglas County, was charged with vehicular homicide in the first and second degrees, failure to maintain her lane, lack of insurance, and driving under the influence. Searcy was driving drunk in her 1998 Pontiac when she crossed the center line and collided with a car driven by 25-year-old Ashley Ingalsbe. Luke Ingalsbe, age 4, died in the crash, Ashley Ingalsbe died last Monday afternoon. Her 2-year-old son and boyfriend were also seriously injured in the wreck.

Unfortunately, this local incident follows an alarming national trend: more women are driving under the influence and causing fatalities. Last month the National Highway Traffic Safety Administration (NHTSA) released a study which detailed the increasing trend.

FBI data shows that DUI arrests for women have increased 29 percent in the decade between 1998 and 2007. In the same time period, DUI arrests for men decreased by 7.5 percent.

Why are DUI arrests for women increasing while DUI arrests for males are decreasing? Does anybody have any possible explanations?

“Impaired driving is an issue that cuts across all segments of society and, sadly, the number of arrests of women driving under the influence is on the rise. This is clearly a very disturbing trend,” said Transportation Secretary Ray LaHood.

In 2008, impaired drivers caused nearly 12,000 fatalities. Approximately 2,000 of those fatalities were caused by female drivers who were under the influence of alcohol or drugs.

Some good news: According to the NHTSA report, DUI fatalities in Georgia decreased for both men and women. From 2007 to 2008, Georgia male DUI drivers in fatal crashes decreased 9 percent, from 337 to 307. In the same period, Georgia female DUI drivers in fatal crashes decreased 6 percent, from 68 to 64.

A nationwide anti-drunk driving campaign is currently underway. It’s known as Drunk Driving. Over the Limit. Under Arrest. The initiative involves over 11,000 police departments and other law enforcement agencies, and it will run through Labor Day weekend. During this time, police will redouble their efforts to nab drunk drivers during this high-risk travel period.

Last year, 40 percent of traffic fatalities during the Labor Day travel period involved a drunk driver. Based on these statistics, one might assume that nearly half of all drivers on the road this weekend will be intoxicated to some degree. Be sure to drive defensively and wear your safety belt.

If you’re going out of town this Labor Day weekend, follow these tips to stay safe and save money:

Slow down! Gas mileage decreases when you go faster that 60 miles per hour. For every five miles per hour over 60 MPH, you’re paying an additional 20 cents or more for each gallon of gas. Likewise, rapid acceleration can lower your gas mileage by 30 percent. Be patient. You’ll get there.

Use cruise control. Cruise control cuts fuel consumption by maintaining a steady speed on the highway. However, cruise control doesn’t give you the freedom to send a text message or program your GPS. When using cruise control, keep your eyes on the road and keep your foot ready to brake.

Turn down the AC. If you leave your vehicle’s AC on high all the time, this can reduce your mileage by up to 20 percent.

Finally, don’t drink and drive! Even if you’ve had “only a few drinks,” stay where you are, get someone else to drive, ride with a friend, or call a cab.

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Thursday, July 30, 2009

  Peer Pressure, Not Scare Tactics, Stop College Age DUI's

According to Mothers Against Drunk Driving (MADD), someone dies as a result of drinking and driving every 40 minutes. DUI perpetrators are generally young people from 21 – 34 years old, and most of these fatalities occur at night or on weekends during traditional party times. Many young people learn to drink in high school or college, and catching on to that, many schools and colleges have adopted anti-drinking campaigns to scare teen and college aged people straight when it comes to imbibing. Remember the old “Friends don’t let friends drink and drive” commercials? Ads like that and more are plastered all over college campuses these days. And children as young as elementary school age are learning about the perils of substance abuse and driving under the influence.

According to a new study recently published in the Cochrane Library 2009, though, these scare tactics don’t work. Scientists say that teens and college aged people overestimate the actual amount that their peers drink, and that this misconception often leads to a culture where teens feel they must drink in order to keep up with their peer group.

"This creates a type of peer pressure, which drives levels of drinking upwards," said David Foxcroft, professor of health care practice at Oxford Brookes University in the United Kingdom and the review's co-author.

So if scaring young drivers straight about the perils of driving under the influence doesn’t work, then what does? According to researchers, it’s the same thing that compels them to drink in the first place – peer pressure.

The study found that clueing young people in on just how much their peers actually drink does more to curb drinking than billboards, seminars, commercials, flyers and other scare tactics. The trick is, the information must be imparted individually, either one or one or by a computer. Interestingly, group counseling or mailed feedback did not have a similar impact, perhaps proving that when young people receive what they feel is trustworthy information about the real incidence of drinking in their peer group, they no longer feel as much pressure to pick up a cocktail.

Students who received personal feedback either through the Internet or individual face-to-face sessions reduced their overall alcohol consumption compared with those who did not get personal feedback. The review also found evidence that Web-based feedback reduced binge drinking — defined as five or more drinks in one sitting for a man and four or more for a woman — and alcohol-related problems.

Foxcroft and his fellow researchers analyzed data from 22 previously published studies that included 7,275 mostly U.S. college students. All the studies had the same goal — to reduce drinking by educating students on how their drinking behavior compared with others on campus. The review sought to determine which methods are effective and which are not.

Studies also found that web-based one on one feedback also potentially curbed another teen and college student problem – binge drinking. Binge drinking is defined as having five or more drinks in one sitting for a man, and four or more for a woman.
What does this study say about teaching teens and college students not to drink and drive? Perhaps to give up the scare tactics in favor of a good old fashioned talk. Explain to kids that their friends are likely exaggerating their alcohol consumption, and that they should not feel pressured to live up to a false ideal.

How do you teach your teens and college aged children about the perils of drinking and driving? I would like to hear your opinions, and your thoughts on this story, in the comments.

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Wednesday, July 29, 2009

  The 10 Most Common Lethal Driving Mistakes

We’re all guilty of driving mistakes. Sometimes we drive while drowsy or let ourselves become distracted by a strange site or a commotion going on in the car. It’s not uncommon to drive down a street and see others in cars talking on cell phones, putting on makeup, shaving, or even reading!

Whether you are a paragon of driving virtue or a terror on the road, you’d better read a recent list released by the National Highway Traffic Safety Administration (NHTSA) on the most common deadly driving mistakes. Don’t let friends and loved ones risk their lives with these risky behaviors:

1.) Swerving – According to the NHTSA study, failing to stay in their own lane is the #1 reason drivers end up in fatal accidents.

2.) Drowsy Driving – According to the NHTSA, in 2007 fatigued driving caused the deaths of 1,404 people, and more traffic fatalities occurred during the hours when most people are accustomed to being asleep (3 a.m. to 6 a.m.) than at any other time of day.

3.) Driving Under the Influence – According to MADD, someone dies in a drunk driving accident every 40 minutes. Young people 21 – 34 are responsible for the highest number of drunk driving fatalities, and perhaps not surprisingly, most drunk driving fatalities occur at night and on weekends.

4.) Over Correcting – Teens and other inexperienced drivers are most prone to this nervous maneuver. Over correcting when facing trouble on the road can lead to rollovers and much worse. More than 4% of auto fatalities every year occur because of this jumpy mistake.

5.) Speeding – Driving too fast is the second highest cause of death in car accidents. 30% of speeding fatalities occur at speeds of 50 mph or above. Driving too fast for conditions is another culprit.

6.) Failure to Observe the Right of Way – This is the top cause of auto accidents for seniors ages 70 and above and the fifth leading cause of crashes overall. According to the Insurance Institute for Highway Safety, elders either fail to see other drivers, or see the drivers but miscalculate the time they have to merge.

7.) Reckless Driving – From weaving and tailgating to driving on the wrong side of the road, reckless driving caused 1,850 fatalities in 2007. Driving over 80 mph or driving 20 miles or more over the speed limit is considered reckless driving.

8.) Running Red Lights – According to the nonprofit Insurance Research Council, 75% of auto accidents occur in cities. Why? Because of drivers’ tendency to step on the gas when the light turns red.

9.) Failure to Buckle Up – Though seat belt use is up, the fact remains that 33% of auto accident fatalities occurred because drivers and passengers weren’t using their seat belts. Seat belts help prevent ejection, and ejection results in death in 76% of all motor vehicle accidents.

10.) Distracted Driving – Talking on the phone, texting, reading, all of these are the modus operandi of the distracted driver. Cell phone use may be the biggest culprit, with an estimated 1 million Americans are driving and talking on the phone at any given time.

Pass these deadly driving mistakes on to family and friends and let’s all keep the roads a little safer.

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Monday, June 29, 2009

  Operation Zero Tolerance Targets Georgia Drunk Drivers

In terms of highway safety, the Fourth of July is the deadliest day of the year. Georgia State Troopers and other law enforcement officers have already begun their crackdown for the upcoming holiday.

Operation Zero Tolerance will run through Sunday, July 5. Officers will be out in full force and on the lookout for impaired drivers and reckless speeders, as well as people who are not wearing safety belts.

“Operation Zero Tolerance sends state troopers and other law enforcement out in concentrated patrols, particularly targeting drunk drivers. We’re going to be conducting several road safety checks and working closely with Sheriff’s offices and police departments in a joint effort,” said Cpl. Kyle Duke of the Georgia State Patrol.

In Georgia, alcohol is involved in one out of five crashes. Last year during the Fourth of July travel period, nearly half of the 14 traffic fatalities in Georgia involved a drunk driver.

Bob Dallas, director of the Governor’s Office of Highway Safety, advises people to pre-plan their celebrations and arrange for a designated sober driver or a taxi cab. It’s a good idea to store taxi cab numbers on your cell phone just in case you need one.

“Driving while impaired just isn’t worth this incredible risk,” said Dallas. “Regardless of age or level of driving experience, drivers who consume too many spirits while getting into the holiday spirit must find a safe and sober ride home. If not, Operation Zero Tolerance has significantly increased their chances of arrest in Georgia, while their excessive alcohol consumption has significantly decreased their chances of survival anywhere they drive.”

If you’re serving as a designated driver this Fourth of July, make sure that all of your passengers are wearing their seat belts, and don’t allow any open containers of alcohol in your vehicle.

If you spot an impaired driver, call 911 immediately. You can also call *GSP on your cell phone to reach the nearest Georgia State Patrol post.

To be safe, drive as little as possible this holiday weekend. Keep in mind that this is one of the busiest days of the year, and many drivers will be impaired. Drive defensively, wear your seat belts, and stay within the speed limit. Try to arrive at your destination early and stay put, especially if you plan to drink. This will make the roads safer for us all.

If you’re injured in an accident with a drunk driver, call 911 and, if possible, collect evidence at the scene of the accident. Get names and phone numbers of any witnesses, and take photos of the accident scene. See a doctor immediately to have your injuries evaluated, and call an attorney as soon as possible. Your attorney will need to act quickly to investigate the accident and collect evidence.

MLN Law aggressively pursues claims against drunk drivers. We work hard for victims of drunk driving accidents to get them the compensation they deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation with an experienced attorney.

Here’s a Fourth of July video press release from the Governor’s Office of Highway Safety:


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Friday, June 19, 2009

  Would a Universal Smoking Ban in Georgia Reduce Drunk Driving Fatalities?

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.

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Wednesday, June 17, 2009

  Drunk Driver Kills Gwinnett County Mother

Last week the Atlanta Journal-Constitution reported that a Lawrenceville man showed no emotion as he appeared in court to face charges of driving drunk and killing a young mother.

Constantine Toncz, 39, was granted a $46,000 cash bond by a Gwinnett County Magistrate Court judge.

According to relatives, the victim, 25-year-old Sabrina Stanek, was hit by a speeding vehicle after she walked outside to flag down the driver. She wanted the driver to slow down because she was trying to protect her children from the speeding vehicle in her Lawrenceville neighborhood. While Stanek was standing at the curb in front of her house, the driver lost control of his vehicle while driving around a sharp curve. The vehicle hit Stanek and then hit her boyfriend’s parked truck.

The driver did not stop to try and help Stanek. He abandoned his truck and walked to a family member’s house down the street. Police arrested Toncz at the same house later that night and charged him with vehicular homicide.

Toncz, a construction worker from Romania, had been arrested three other times in Gwinnett County since 1993, and he was out of jail on bond for felony theft when the accident occurred.

Stanek’s father, Mark Stanek, said that his daughter was an “awesome mom.” The grieving father also said, “The father in me says let me shoot him or let me run him over, but the Christian in me says two wrongs don’t make a right.”

Stanek’s parents are filing for custody of her children, ages 4 and 6.

Neighbors are not surprised that Stanek was trying to protect her children by slowing down a speeding driver. They said that speeding cars are a constant problem on Belmont Lane in the Village Gate subdivision.

Neighbor Christy Hill, 31, lives across the street from the Stanek residence and said that she no longer feels safe walking in the neighborhood. There are no speed bumps, and police officers are a rare sight, she said.

Hill also said, “She came out to tell him to stop speeding before he hit and killed someone, and then he hit and killed her. This has got to stop.”

Unfortunately, drunk driving fatalities won’t stop. Thousands of people die in alcohol-related auto accidents each year. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accounts for over 30 percent of all traffic fatalities, and an alcohol-related crash kills someone every 40 minutes in the United States.

If you’ve lost a loved one because of a drunk driver, or if you’ve been injured by a drunk driver, contact an experienced attorney as soon as possible. At MLN Law, we aggressively pursue claims against drunk drivers as well as the bars, nightclubs, restaurants, and liquor stores that improperly serve them.

The justice system cannot heal the injured or bring a loved one back to life, but it can provide a means of recovery for victims. If you are a victim, you can sue a drunk driver for negligence and also seek punitive damages. Punitive damages exist to punish irresponsible behavior like driving under the influence or hit-and-run behavior such as the alleged behavior exhibited by Toncz.

If you’ve been the victim of a drunk driver, call MLN Law at (404) 531-9700 to schedule your free consultation.

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Monday, June 15, 2009

  Auto Accidents on I-285 Kill Three in Atlanta

Over the weekend, three people died in alcohol-related auto accidents on Interstate 285 in Atlanta.

On Saturday night at 11:50 pm, a white SUV on I-285 Northbound at I-20 lost control, rear-ended another car, slid down an embankment, and came to a stop lodged between two trees. Captain Eric Jackson of the DeKalb Country Fire Department reported that the driver of the SUV, 30-year-old Nathaniel Jones, died at the scene.

The driver of the other vehicle, whose name was not released, went to a local hospital with non-life-threatening injuries.

About four hours later, two more people died in another wreck on I-285 Southbound at the ramp to I-20 East, reported DeKalb County Police spokesperson Mekka Parish. Police believe that the driver of a gold Acura was speeding when he lost control of the vehicle while trying to exit. The car crashed into a concrete barrier before sliding down the embankment.

Thanomsy Champasouk, 33, and Somkhith Chanthakhinh, 30, died at the scene. The two passengers in the back seat, whose names and conditions were not released, were taken to a local hospital with injuries.

Parish said that alcohol and excessive speed were factors in both accidents.

Innocent victims are killed and injured in alcohol-related accidents every day. If you’ve been injured, or if you’ve suffered the loss of a loved one by a drunk driver, you deserve just compensation.

Drunk drivers, however, don’t always have insurance to cover your medical expenses, pain, suffering, loss of income, and other damages. At MLN Law, we provide caring, aggressive representation to victims of drunk driver accidents. We will hold the guilty party accountable and make sure that you get the compensation you deserve.

Bar owners and liquor stores may also be held accountable for your injuries. Georgia’s Dram Shop Act makes clear that a bar, tavern, restaurant, or other business may be held responsible for injuries caused by a drunk driver if they “knowingly sell, furnish or serve alcoholic beverages to a person who is in a noticeable state of intoxication, knowing that such person will soon be driving a motor vehicle.”

The business or person who served alcohol to the drunk driver may be at fault, and you may be entitled to recover damages from them. It depends on the specific facts in your case.

Drunk commercial vehicle drivers have a different standard. In Georgia, it’s illegal to drive a commercial vehicle with a blood alcohol content over 0.04 (compared to non-commercial drivers at 0.08). In commercial cases, the driver and the trucking company may be held accountable. In fact, in commercial truck accident lawsuits, several companies may be held accountable, as one company may own the tractor, another company may own the trailer, and yet another company may employ the truck driver.

At MLN Law, we will investigate all possible sources of compensation for injuries caused by alcohol-related auto accidents.

If you were injured by a drunk driver, or if you lost a loved one, call MLN Law at (404) 531-9700 to schedule your free consultation. We must act promptly to collect evidence and investigate the accident. Call (404) 531-9700 now.

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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.

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Sunday, June 8, 2008

  Sleeping Cobb teen killed when pickup smashes into house

Sunday morning, Atlantans awoke to hear the horrific news that a Cobb County teen had been killed by a suspected drunk driver—while he was sleeping in his own bed.

About 3 a.m. Sunday morning, neighbors were awakened by what sounded like an explosion. A Ford F-250 pickup truck driven by a woman suspected of being drunk careened through a Cobb County neighborhood before plowing into and going through a house.

The accident killed 14-year-old Elliot Savary as he slept. His sister Leah, who is 13, was injured.

Police believe Janette L. Eason, 44, of Dallas, was driving drunk when she turned into the neighborhood and weaved down the street, knocking down mailboxes along the way, before slamming into the Savarys’ home. Charges against Eason were pending late Sunday.

Eason's truck entered through the garage and went out the other side, through a wall into Elliot's bedroom, running over him. The truck pushed him through a wall into his sister’s bedroom, where she was sleeping.

A family spokesperson called the tragedy, “incomprehensible.” The Law Offices of Michael L. Neff express our sorrow to the family. It is a horrible way to lose a loved one. If you see someone who has had too much alcohol, we urge you to take their keys—prevent them from driving. Call the police. We should do our part to prevent these senseless nightmares from happening.

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Sunday, May 25, 2008

  Jury awards $14.5 million to Albuquerque man's family

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.

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Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com

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