Atlanta, Georgia Personal Injury Lawyer
The accident occurred when Hall attempted to cross the busy stretch of highway without the protection of a crosswalk and was struck by a driver. Hall was wearing dark clothes at the time, and in the early morning without the benefit of street lights, poor visibility may have contributed to the accident. Police say that while the accident took place about a mile away from a Riverdale elementary school, it is not entirely clear if the boy was walking there or not.
Hall was near a bus stop when he was hit, and Willie Heath Jr, the driver of the Chrysler sedan which struck Hall, claims to have pleaded with people waiting at the bus stop to help him perform CPR on the boy. Most of them got on the next bus, however."We're in a mean world," Heath said of the incident.
"I was begging for help," he said. "They got on their bus and left." Drivers passing by were equally callous, honking their horns and rushing by. Heath admits that he was afraid of being hit himself. While most of the people at the bus stop left the scene, two bystanders did help Heath and Hall in the end - one of them running to the nearby fire station to bring aid.
Heath, a religious man and himself the father of five, was both deeply sorry and upset by the incident when he spoke with the Atlanta Journal Constitution.
"I don't know if the parents are mad at me," he said. "I want to pray with them."
He also cites the lack of lights and sidewalks as contributing to the accident. While he said that he did not blame the government for not providing them, the conditions made it difficult for him to see Hall, and contributed to the accident.
As always, it is sad to hear about a child who is injured, and especially so critically. While I do not place blame on Hall, it is not always easy for drivers to see pedestrians, and he put himself in a more dangerous situation when he crossed without protection, and in clothing which made him difficult to see in the early morning light. According to reports, Hall was crossing the street with his brother at the time, who was luckily not hurt.
This is a reminder, without a doubt, of the importance of instilling good pedestrian etiquette in our children, so that situations like this are less likely. At the same time, it is a reminder of how easily a person can be critically injured by a car, and the importance of being alert for people walking in or along the roadways who might not be readily visible.
If you have been injured in a car accident in Atlanta, it is important to contact an experienced Atlanta car accident attorney immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: Atlanta accident lawyer, atlanta car accident attorney, Atlanta injury lawyer, avoiding car accidents, driver safety, pedestrian
The New York Times recently published on article about distracted walking: “The era of the mobile gadget is making mobility that much more perilous, particularly on crowded streets and in downtown areas where multiple multitaskers veer and swerve and walk to the beat of their own devices.”
According to the NYT, distracted walking accounted for at least 1,000 emergency room visits in 2008. Distracted walking can cause trips and falls as well as more serious accidents such as collisions with vehicles. Distracted walking accidents are on the rise. They doubled from 2007 to 2008.
The NYT points out several cases of distracted walking. A 16-year-old suffered a concussion after walking into a telephone pole while texting. A 28-year-old man fractured his finger after he tripped and fell while talking on his cell phone. A 68-year-old man sprained his thumb and his ankle after he fell off his porch while talking on his cell phone.
According to the results of a recent study, young people are more likely to suffer injuries due to distracted walking. This makes sense, as young people use distracting technologies more frequently, in general. However, older people are not immune to distracted walking injuries. The study found that half of distracted walking ER visits were by individuals under 30; a quarter were by people 16 to 20; and a quarter were by people 41 to 60.
Another study found that distracted pedestrians using their phone will often not notice hazards right in front of them. The study found that only 25 percent of pedestrians using their cell phones noticed a clown on a unicycle that passed directly in front of them! Now, image if that clown had been a vehicle. The scientific name for this phenomenon is “inattention blindness.” People can only pay attention to so many things at once. Scientists suggest that cell phone use taxes our auditory resources as well as our visual resources. When we’re talking on the phone, we’re often visualizes elements of the conversation. This takes away from our ability to visually interact with our environment. If you’re walking down the sidewalk, it’s best to save the phone conversation for later. Wait until you’re sitting in a safe place!
As I mentioned earlier, Atlanta is not a safe place for pedestrians, and you should certainly pay attention when walking around the city. A pedestrian was killed while crossing a street in Cobb County on Tuesday. On the same day, another pedestrian was killed while crossing an intersection in Mableton, Georgia. Police reported that the man was using the crosswalk when the crosswalk light was red. A 14-year-old young woman was recently killed when she was hit by a car as she was walking home after school in Stone Mountain. Atlanta is very dangerous city for distracted driving and distracted walking.
Have you been injured by a distracted driver or a distracted pedestrian? If so, contact an experienced Atlanta personal injury lawyer. Call MLN Law at 404-531-9700 for a free consultation.
Labels: distracted drivers, pedestrian
Only six months ago, The Stokes News in North Carolina reported that Davis, a West Stokes High School senior at the time, had received a scholarship to attend college at Emory University. She was a native of King, NC, and a freshman at Oxford College of Emory University. Oxford College dean Stephen Bowen said the following in a statement: “It is with deep sadness that I must inform you that freshman Stephanie Davis died this morning from injuries sustained in a car/pedestrian accident last night near the Emory Atlanta campus. Her parents were with her this morning. Chaplain Lyn Pace will organize an Oxford community memorial service for Stephanie with more information being available in the next few days.”
“It always brightened my day to see her,” said Libba Cooper, a friend of Davis and member of King Moravian Church. “We’d always talk about her going to Emory. She was thrilled to have gotten into that school.”
Davis volunteered at her church and participated in the youth group, church members said. Sunday school teacher Jennifer Sealy said, “She was always a leader. I know she’s in good hands, and we’re going to miss her.”
A reader at 11alive.com commented, “I drive through this area several times a week and although there are several crosswalks established (with traffic lights) many students, faculty, and medical personnel attempt to cross the roads either against the light or outside of the crosswalks. Spending a little extra effort to use the crosswalk may help save a life.”
The Emory Wheel campus newspaper reported that Davis darted out into traffic and was struck by a Toyota RAV4 at 12:40 a.m. on Saturday, according to the motor vehicle accident report. Davis was rushed to the Emory University Hospital emergency room and transferred to Atlanta Medical Center for treatment of traumatic brain injury. She was pronounced dead at 11:11 a.m.
According to the report, Davis “sprinted in front of the vehicle in an attempt to cross ahead of it.” The driver, also an Emory student, was unable to stop. The driver had a green light, and there was no indication that the driver was under the influence of alcohol or drugs. No charges were filed against the driver. The investigation is ongoing.
The location of the accident is a windy, hilly residential area near campus. According to a friend, Davis was visiting a friend’s house near campus and walking to a party. According to the accident report, there were no signs that Davis was intoxicated or under the influence of drugs. Even though the driver was apparently not at fault, other factors - such as inadequate lighting, for instance - could have contributed to the accident.
Several fatal pedestrian accidents have occurred in Atlanta lately. In fact, Atlanta has been ranked as one of the most dangerous cities for pedestrians.
If you have been seriously injured in an Atlanta pedestrian accident, contact an experienced Atlanta auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, pedestrian
The name of the female crossing guard has not been released. The school crossing guard was escorting a 9-year-old boy across the street when the incident happened, according to Officer Otis Williams, III, spokesman for the Clayton County Police Department.
“As they proceeded to go across the road, a blue 1998 Dodge Caravan was traveling southbound on West Lee’s Mill Road. It did not stop and struck both pedestrians,” reported Willis.
The student was not taken to a hospital. Willis said, “The juvenile’s moth responded to the scene, and he was released to her.”
“Clayton County rescue responded, and the crossing guard was transported to Henry Medical Center,” Willis said. He said the crossing guard suffered minor injuries.
As for the driver, his driver’s license was suspended in 1995, according to Willis. The driver was taken to the hospital after he complained of feeling ill.
“Adults need to be aware of the school season and pedestrians, and be aware of their surroundings,” Willis stressed. “Slow down when you see a crossing guard, and render them the same respect that you would the law enforcement.”
Over the weekend, a pedestrian was struck by a car and killed on a seven-lane highway in Gwinnett County. The police identified the victim as Emilia Ortiz and have determined that the driver was not at fault. Police received a report that a woman was trying to cross a busy highway at Peachtree Parkway just north of Holcomb Bridge Road. Officers did not arrive in time. Ortiz was struck by a Mercedes Benz, and she was pronounced dead at the scene.
“It does not appear that alcohol or speed contributed to the collision,” said Officer Edwin Ritter. “There are no criminal charges pending against the driver.”
Witnesses speculated that Ortiz was trying to make it to a nearby bus stop. One witness said, “There are always people trying to cross the road right there.” Perhaps it’s time to consider a crosswalk near the bus stop.
Another pedestrian died over the weekend after stepping in front of a vehicle on Six Flags Drive in Austell on Friday night. Juan Guadalupe Colon, 26, died on Saturday morning. Police do not expect to file charges against the driver in this case, either.
Both of the recent pedestrian fatalities occurred in the early evening hours. Keep in mind that it’s getting dark much earlier now. If you plan to be walking in the Atlanta area after dark, be sure to wear some type of reflective clothing, and always use crosswalks. Atlanta was recently named one of the most dangerous cities for pedestrians.
If you’ve been injured in a pedestrian accident or auto accident due to negligence, contact an Atlanta auto accident attorney as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, pedestrian
Here is the full list of the Top 10 Most Dangerous Cities for Pedestrians:
1. Orlando - Kissimmee, FL
2. Tampa - St. Petersburg-Clearwater, FL
3. Miami - Fort Lauderdale-Pompano Beach, FL
4. Jacksonville, FL
5. Memphis, TN
6. Raleigh - Cary, NC
7. Louisville/Jefferson County, KY-IN
8. Houston - Sugar Land - Baytown, TX
9. Birmingham - Hoover, AL
10. Atlanta - Sandy Springs - Marietta, GA
The above list is based on the Pedestrian Danger Index (PDI), developed by researchers at the Surface Transportation Policy Partnership. The full report, titled “Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods),” reveals that more than 76,000 Americans have been killed while crossing or walking along a street in the last 15 years. In this decade alone, more than 43,000 Americans have been killed. That’s the equivalent of a jumbo jet going down each month.
Pedestrians account for 11.8 percent of all traffic fatalities. Children, minorities, and the elderly are at increased risk of pedestrian injury and death. The report states that an overwhelming proportion of pedestrian accidents occurred because the roadways were dangerous by design. In other words, they were not designed with pedestrian traffic in mind.
Transportation for America offers the following suggestions for preventing pedestrian deaths and promoting health with safer design:
Traffic calming and street design. Traffic calming includes a host of engineering techniques used to physically alter road design for the purpose of slowing traffic and improving safety for bicyclists and pedestrians. Beyond simply installing sidewalks, these improvements enhance safety through a focus on intersections with features such as pedestrian refuge medians, better road geometry, and signals that give pedestrians a “head start” when crossing roads. Depending on the type of measure implemented and speed reductions achieved, traffic calming has reduced collisions by 20 to 70 percent.
Complete streets. Where traffic calming seeks to improve safety by reducing traffic speeds, Complete Streets policies ensure that future road projects consistently take into account the needs of all users, of all ages and abilities, particularly pedestrians and bicyclists. Complete Streets designs vary from place to place, but they might feature sidewalks, bicycle paths, comfortable bus stops, median islands, frequent crosswalks and pedestrian signals. Both the American Academy of Pediatrics and the Centers for Disease Control and Prevention recently endorsed the adoption of local and statewide Complete Streets policies as a strategy for improving safety and increasing physical activity among children and adults.
Safe Routes to School programs. Safe Routes to School programs take a comprehensive approach to improving safety around schools for children walking and bicycling. The program funds engineering upgrades like sidewalks and crosswalks, improved traffic enforcement and bicycle and pedestrian safety education. The intent is to address parental concerns about traffic dangers and get more children walking and bicycling to school, which improves their physical fitness and health. From a handful of pilot efforts across the country, Safe Routes to School has grown into a federally-funded program providing more than $600 million over five years for thousands of projects nationwide.
Walkable neighborhoods. Walkable communities are safe and inviting for walking and bicycling, while also featuring compact development and a variety of destinations, such as parks and public space and nearby schools, workplaces and other amenities like restaurants and retail facilities. The tools to increase community livability by improving walkability go beyond investing in pedestrian infrastructure, giving residents and visitors convenient destinations they can walk to.
If you or a loved one have been injured or killed in a pedestrian accident, contact an experienced Atlanta personal injury attorney immediately to learn about your legal rights. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: pedestrian
The best way to stay safe as a pedestrian is to follow all traffic laws, be aware of your surroundings, and always err on the side of caution. Even then, though, one driver who is not paying attention can easily cause a pedestrian accident. Below are a few tips on how pedestrians can remain as safe as possible while walking:
1.) Be predictable – Always cross in the crosswalk, and always cross with the light. Stay off of freeways, closed sidewalks and other restricted zones.
2.) Face traffic – If you are walking in an area where no sidewalks are available, walk facing traffic. Tricks of acoustics can make a car bearing down on you difficult to hear. If you walk facing traffic, you will have visual confirmation and plenty of time to move out of the way.
3.) Look both ways – The rule these days is to look left, look right, and then look left again before crossing the street.
4.) Be visible – Pedestrians can be difficult for drivers to see, especially at night. Avoid wearing all dark colors and instead wear bright, reflective colors. Carry a flashlight for use in the darkest areas.
5.) Be wary – Drivers do not want to get into an accident, but any number of factors can cause them not to see you, or to drive through a crosswalk or turn illegally. Don’t assume you know what a driver is going to do simply because traffic laws are on your side.
6.) Make eye contact – This is the surest way to make sure a driver has seen you before you step into traffic.
7.) Don’t drink and walk – Drugs and alcohol can limit your faculties to walk and obey traffic laws safety just as it can drivers.
8.) Use extra caution when crossing multiple lanes or high speed streets. Remember, just because the law is on your side, doesn’t mean that drivers are aware of that law or aware of you. Don’t count on a crosswalk or pedestrian safety law to protect you in a dangerous situation.
9.) Watch out for trucks and buses – Larger vehicles have limited visibility, especially when backing up. Be especially wary around buses, trucks and tractor trailers.
Pedestrian safety is up to both pedestrians and drivers. Unfortunately, accidents will never go away completely, but if drivers and pedestrians obey the law and use common sense and good judgment their chances of being involved in a pedestrian accident will decrease dramatically.
Labels: driver safety, pedestrian
If there’s one truism about pedestrian deaths, it is that it takes two to tango. While pedestrians may sometimes behave in dangerous ways, such as crossing against the light or outside the cross walk, or walking in the road, drivers are ultimately the greater danger simply because they are driving a 3,000 lb. car.
Below are some tips for drivers on how they need to adapt their driving behavior in order to take pedestrians into account.
1.) Keep in mind that you can encounter pedestrians at any time in any place. Just because there is no marked crosswalk or sidewalk doesn’t meant that a pedestrian isn’t nearby.
2.) Pedestrians can be hard to see. This is especially true at night or in bad conditions. If you can’t see well, slow down. Give yourself plenty of time to stop if you are surprised by a pedestrian. (In rural areas, this is an important tactic to use in case of deer and other wildlife as well.)
3.) Be doubly mindful of crosswalk areas. Even if you have the right of way, be very aware of pedestrians and be prepared to stop.
4.) Stop for pedestrians who are in a crosswalk, even if it is not well marked on the road. And do the pedestrian a favor and stop well back, allowing drivers in other lanes to see the pedestrian as well.
5.) Do not overtake or pass other vehicles stopped for pedestrians.
6.) When you are turning, you may be looking closely for a gap in traffic in which to turn through. Keep in mind that pedestrians may have entered the crosswalk while you are turned away. Just as with crossing the street, look both ways and make sure you are all clear before making a turn.
7.) Be especially attentive around schools and other neighborhoods where children are likely to be playing. Children can get intent in their game and forget traffic safety, or they may have a hazy grasp of traffic safety to begin with. Go slow through school zones and neighborhoods, and be prepared for children exhibiting erratic behavior. Give yourself plenty of room to stop. The alternative – hitting a child with your car – is unthinkable.
8.) Don’t drink and drive. This is, of course, common knowledge, but studies have shown that most pedestrian deaths occur between 12pm and 6am and on Fridays and Saturdays, times when drunk drivers are typically more active than normal on the roads.
This post is not to imply that pedestrians never act irrationally or even illegally, but these tips are important for drivers to keep in mind because, in a pedestrian accident, the driver generally always does damage. Be mindful of pedestrians and the damage that a car can do to a human being.
Labels: driver safety, pedestrian
Thankfully, the other incident, involving two young children aged 7 and 10 who were crossing Donald Lee Hollowell Parkway in northwest Atlanta, ended in a better outcome, with both children treated and found to be awake and alert at the scene.
The fact remains thought pedestrian deaths are the second leading cause of motor vehicle related fatalities, accounting for about 13% of all motor vehicle related deaths. Though the rate of pedestrian deaths has fallen since 1975, it is estimated that a pedestrian in the United States is killed every 101 minutes. And the groups that are most at risk are the ones we just read about – children and the elderly. Children make up about 23% of the United States’ population, but account for 30% of pedestrian deaths. The elderly (usually characterized as people over 70) make up 20% of all pedestrian deaths.
Pedestrians who have been drinking alcohol are also at elevated risk for being struck and injured or killed, and likely contribute to the fact that more pedestrian related motor vehicle accidents occur on Friday and Saturday than any other days of the week.
So what causes pedestrian fatalities and why are some of the most vulnerable members of our society prone to these tragedies? According to the National Highway Traffic Safety Administration (NHTSA) the causes of pedestrian fatalities are complex. Poor roadway design, lack of lighting, lack of sidewalks or crosswalks, and a lax enforcement of traffic laws can all combine to lead to pedestrian accidents. In fact, statistics have shown that improvements in all of these areas are much of the reason that pedestrian deaths have decreased since their peak in the 1970’s.
Other interesting pedestrian incident related statistics include where they are located. A full sixty nine percent of pedestrian fatalities occur in urban areas while 79% occur outside intersections. Ninety percent of pedestrian fatalities occur under normal weather conditions, and 64% occur at night.
A much higher number of pedestrian deaths than the NHTSA researchers suspected occur between midnight and 6am, indicating that these 18% of deaths are probably due to drinking.
Advocates of pedestrian safety fault the federal government for focusing their anti-pedestrian accident efforts merely on buckling up and decreasing alcohol use.
Said Jonathan Adkins, a spokesman for the Governors Highway Safety Association, which represents states on highway safety issues in a 2003 article, "Better lighting, better walkways, flashing lights at intersections can make a difference - and education in schools.”
With that in mind, stay tuned to this spot for more what drivers and pedestrians need to know about pedestrian safety.
Labels: driver safety, pedestrian
The mother and siblings of a boy who was struck by a vehicle in front of his school sustained permanent brain damage.
When the mother arrived with her other children they saw the boy lying unattended on the pavement in a pool of blood. They screamed and tried to reach him but were restrained.
The family sued the driver and the school district. They also served their own insurer with the complaint pursuant to the state's underinsured motorist law.
The insurer asserted that the family's emotional distress claims failed because they didn't witness the event that actually caused the child's injury.
The family argued that sensory observation was not an essential element of the claim due to their close relationship with the child.
The court cited similar cases from New Hampshire, New Jersey, Texas, Washington, Wisconsin and Wyoming. The name of the case is Eskin v. Bartee, No. W2006-01336-SC-R11-CV.
Labels: car wreck, negligence, pedestrian, traumatic brain injury
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