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Atlanta personal injury lawyer blog Wednesday, February 10, 2010

  Street Racing Behind Stone Mountain Girl's Death

I previously wrote before about the death of Tanesha Williams, the Stone Mountain High School student who was killed when another teen apparently lost control of his vehicle and jumped the curb. Now, it seems, two seventeen year old boys are being held accountable in this tragic accident.

The two boys, Saheed Saunders and Tomcum Siripanhya, are both being charged with racing, reckless driving and vehicular homicide. In addition to that, Saunders is accused of improper passing. It was this improper passing which caused his car to leave the road near Stone Mountain High School - which it did just shortly after classes had been dismissed. Saunders' car struck three Stone Mountain High School students, killing Tanesha Williams and injuring the other two.

The boys were released from jail late last month, Saunders on bond of $21,000, and Siripanhya on bond of $20,000.

At the time of the boys' release, DeKalb County police were still investigating the case in cooperation with the DeKalb County District Attorney's Office.

It saddened me to learn that the death of a fourteen year old girl was caused by something as reckless and preventable as street racing. Drivers of whatever age carry the responsibility to think not only of their own safety, but the safety of their passengers, of other motorists and of pedestrians. Driving is a privilege which many of us enjoy and even rely on for maintaining both our professional and personal lives.

In the case of seventeen year olds, it is still a new privilege, and one which is easy not to fully appreciate. Street racing is among numerous other dangerous driving habits which are significantly more common among teens and other younger drivers, along with driving while distracted by cell phones or texting, and driving while intoxicated. Of these three behaviors, street racing could be considered among the safest statistically. Fewer accidents are caused every year by racing than by distracted or intoxicated driving.

However, that statement ignores the obvious danger presented by street racing. Over the past few years, a wide variety of different news programs and media outlets have showcased the dangers of street racing through interviews and articles, and it is not hard to find other stories of how irresponsible, illegal street racing leads to the death of either the drivers, or other motorists or passersby whose only mistake was being in the wrong place at the wrong time.

Street racing is, by its nature, dangerous. Whenever drivers choose to ignore the basic rules of the road in favor of their own "fun" or convenience, they put themselves and others at risk. Hopefully this incident will serve as a lesson for Saunders and Siripanhya, and other teens in the area. It is tragic that a young girl had to die for it.

If you or someone you love has been injured by a reckless or distracted 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.

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Tuesday, February 9, 2010

  Bus Drivers and Passengers Respond to Texting Ban

Recently we saw the federal government react to the dangers of texting while driving by issuing a ban on the practice for bus drivers and commercial truck drivers. Violations of this ban could carry the hefty fine of up to $2,750, a price intended to make the road safer for both drivers, those they share the road with, and in the case of bus drivers, the passengers who are their responsibility.

So how has this new ban been received?

PBS investigated just that question in a short spot interviewing several bus drivers and passengers. And in a word, the reaction to this ban could generally be described as positive. The bus drivers themselves were quick to see the need for this ban, recognizing that when they are behind the wheel, they may have some fifty other people depending on their care and attention, and that texting while driving would be directly opposed to being able to provide that.

"The new legislation that's banning texting for motor coach operators and commercial drivers while driving is a thing that's definitely needed," said the first driver featured in the interview, whose name was not offered by PBS.

"I can't afford to text and drive, because I've got to concentrate on my people," explained another. "I've got to take care of my people."

The passengers, for their part, also seem to agree with the ban, perhaps unsurprisingly since they are the ones entrusting the bus drivers with their safety. One woman interviewed expressed some confusion and curiosity as to the necessity of this ban, since she did not feel that she had often ridden with drivers who were not attentive to the road. She was left to wonder how common of an occurrence driving and texting was.

But for both of the bus drivers interviewed, there was no uncertainty. They agreed that you saw bus drivers on cell phones all the time - people attempting to multi-task while driving, and therefore putting themselves and others at risk with their distracted driving.

Of course, this small spot would imply that there are drivers who will be less willing to embrace this ban. If texting while driving is as common a problem among bus drivers as indicated, then it is most likely safe to assume that there are those drivers who will find themselves either forced to change their habits, or risking high penalties. Understanding the incredible dangers of distracted driving, I cannot say I feel a great deal of sympathy for them.

Hopefully this legislation will be a first step to greater legal and social censure regarding distracted driving. The only real protection drivers have from distracted driving is a shift within the culture that causes this dangerous practice. In this case, that means a shift away from texting and cell phone use while driving as a whole.

Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Friday, November 6, 2009

  Drive Smart Computer Program Seeks to Preserve Driving Skills Among Elderly

By 2025, one quarter of Americans will be considered elderly, according to Peter Kissinger, president and chief executive of the AAA Foundation for traffic safety. This number does not represent the views of a few, or the lack of respect young Americans have for their elders. Rather, it is based on the basic reality that the Baby Boom generation is moving into their golden years. Next year predicts 39 million Americans over the age of sixty-five, and that number is expected to soar to 69 million by 2030.

The American population is living longer than ever, and with the number of people now approaching, old age, we as a people will find ourselves forced to deal with a new set of problems.

Fortunately, there are forces at work to mitigate the potential obstacles faced by both the aging population and those who share the road with them.

The dangers of older drivers are often difficult to face, but very real. As we age, we face the possibility of slowed physical and mental facilities. Our concentration, decision making abilities, night and peripheral vision, and reaction time can all suffer as we age.

As Bella Dinh-Zarr, the North American director of London based non-profit, Make Roads Safe, recognizes that “we may be wiser drivers when we’re older,” but the fact is that the changes that come with that wisdom can also put us at greater risk.

But help will is available. The AAA Foundation has recently announced a new computer program designed specifically for the purpose of helping older drivers retain the skills necessary for safe driving. The software, called Drive Sharp, released in partnership with brain fitness program provider Posit Science, is intended to delay the degeneration associated with aging by retraining the brain.

Drive Sharp uses two interactive exercises to improve a number of important skills, including the ability to track multiple objects, focus, and memory. These skills will help older drivers to navigate the complex and often fast paced situations of everyday driving can present – for example a busy intersection or understanding the flow of congested traffic.

“Most people buy into the ‘use-it-or-lose-it’ philosophy with respect to physical abilities,” said Kissinger about the program. “But the bottom line is, it’s the same thing with the brain – the most important muscle in your body.”

The point is very clear, and fits well with the increasing market of games and activities aimed at older individuals to help retain their mental function. While many of us like to believe that once we attain a skill, it becomes “just like riding a bike,” the fact is that it is not the case. Those capabilities and skills that we do not use regularly atrophy and eventually fade. As difficult as it may be for us to accept at times, understanding this may well allow us to take steps to insure that we can delay the eventuality of giving up driving and all of the independence and freedom it represents. Dinh-Zarr and Kissinger are both optimistic as to this program’s potential to do just that.

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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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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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Monday, June 15, 2009

  MARTA Driver Caught Driving While Texting is Part of a Trend

A recent picture posted on the popular social networking site Twitter showed a MARTA driver using his cell phone to send a text message while the train he was supposed to be attending was in motion.

Concerned about safety on the train, Matthew Jones, a regular MARTA commuter, snapped the photo on his cell phone. According to Johnson, he thought he saw the driver texting as he entered the train and so he decided to sit in a spot on the train where he could view the driver. Jones told the Atlanta Journal Constitution that he had noticed a MARTA operator reading a book a few months earlier and wished that he had said something at the time.

“When I saw him pick up his phone again, I picked up my camera and waited for him to turn away, because he was definitely looking to see who was looking,” Jones told the AJC.

Andrea Coleman, spokesperson for MARTA, said the operator would be placed on administrative leave with pay until an investigation could be carried out, and MARTA later released a statement that “The safety and security of our patrons is MARTA’s first and foremost concern. Texting while operating a MARTA vehicle is against company policy… appropriate disciplinary actions will be taken upon the conclusion of the investigation.”

But with the photo evidence, is an investigation enough? This discovery comes on the heels of two mass transit accidents involving drivers distracted by texting. A Los Angeles Metrolink operator was texting last year and became so distracted that he allowed the train he was operating to run through a stop signal and crash into another train. The accident resulted in 25 deaths, including the driver himself, and injuries to 138 people.

Another incident, in Boston, was blamed on driving while texting. Forty nine people were injured in a trolley accident when one driver, who was sending a text message to his girlfriend, rear-ended a second trolley. As a result, both trolleys were derailed and passengers were tossed about the trolley’s carriages. None of the injuries were considered life threatening.

The MLN Law Blog recently explored driving while texting when it comes to teenagers. But it’s clear that adults are guilty of this behavior, too. Encourage your friends and loved ones to practice safe behavior when driving and refrain from driving while texting.

The “MARTA Operator Driving While Texting” story was just one example of the many news stories that are broken on Twitter every day. If you don’t follow MLN Law on Twitter, check us out at www.twitter.com/mlnlaw.

For more on this story

MARTA to probe texting report MARTA probes photo of train operator texting, Atlanta Journal Constitution

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Monday, June 1, 2009

  How a School Prank Led to a Wreck that Gravely Injured a North Carolina Teen

It always happens about this time of year – spring has sprung and with summer break imminent, school children of all ages are chafing against school day restrictions. High school seniors usually suffer most of all. There’s a reason the term “senioritis” was coined. In fact, the parody website Urban Dictionary defines Senioritis as:

noun. A crippling disease that strikes high school seniors. Symptoms include: laziness, an over-excessive wearing of track pants, old athletic shirts, sweatpants, athletic shorts, and sweatshirts. Also features a lack of studying, repeated absences, and a generally dismissive attitude. The only known cure is a phenomenon known as Graduation.


Unfortunately for a group of North Carolina teens, some very bad choices turned their standard year-end senior prank into a tragic accident that left one teenage boy badly injured.

It all started when a group of masked high school students and alumni, who, authorities report, had been drinking, decided to end the year with a bang by pulling a boat painted with school symbols up to the Leesville High School cafeteria doors. To “cement” the prank, they filled the boat with dry concrete so the school administration would have a hard time removing it.

At that time, they decided to make their escape in one student’s truck. A reported five or six students, including 17-year-old Anthony Bunn, leapt into the truck’s bed. The 18-year-old driver then put the truck in reverse and accelerated at a rapid speed before trying to perform a J-turn (a turn in which a driver turns a vehicle going reverse 180 degrees and puts it in forward gear so it's going in the same direction.) At that point, the truck overturned, pinning Bunn beneath the truck’s roof at the ground.

The teens then decided to take Bunn to the hospital themselves instead of reporting the wreck. By the time police were notified, by hospital staff, that a wreck had occurred, the rest of the teens were reportedly trying to use another truck to right the overturned truck themselves.

Officers found alcohol and a beer funnel at the scene. The driver, 18-year-old Alec William Esoda, was arrested with a blood alcohol level of .08. He has now been released on bond for charges of felony serious injury by vehicle, DWI, provisional DWI and reckless driving.

That night, two young lives were changed as the result of a careless prank. Anthony Bunn is in critical condition at Rex Hospital in Leesville while Alec Esoda faces criminal charges. Unfortunately, it is all too easy for teenagers, whether in the heat of the moment or egged on by peers, to make dangerous choices such as DWI or riding in the back of a dangerous vehicle. Even normally well behaved teens can fall prey to the heat of the moment.

Have you or anyone you know been injured as the result of recklessness? Sadly, teenage pranks can result in injuries that require long term care and potential for loss of income. If you are experiencing such a tragedy, call MLN Law at (404) 531-9700 for caring, aggressive representation.

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Tuesday, May 26, 2009

  How Dangerous is DWT (Driving While Texting) for Teens?

The Georgia legislative session ended on Friday April 3rd without a definitive ban on cell phone use while driving, even though Republicans introduced a bill to ban the dangerous practice for drivers ages 17 and younger. If Georgia had passed the bill, we would have joined seventeen other states and the District of Columbia in imposing cell phone restrictions on teenaged drivers.

While driving and talking on the cell phone is obviously a danger, lately the news has focused on driving and texting. A study conducted by Nationwide insurance concluded that at least 20% of drivers are sending or receiving text messages while behind the wheel – a truly frightening statistic.

Case in point, a sad incident involving driving and texting made headlines last June in Rochester, NY. Five girls who’d just graduated from high school together were killed in a collision with a tractor trailer. The teen driver of the girls’ vehicle was thought to have been texting at the time of the accident.

As of now, eight states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington and the District of Columbia) have imposed texting bans for all drivers, with just one more adding a cell phone ban for novice drivers such as Georgia lawmakers had proposed. In an interesting side note, the ACLU has gone on record as opposing bans on teen cell phone use, claiming that they single out a particular group and deny them freedoms. Other opponents of similar bills have put forth that cell phone laws will be almost impossible to enforce.

As for the Georgia bill that didn’t make it, Rep. Matt Ramsey (R-Peachtree City), who introduced the measure, said that it would keep teen drivers – and those sharing the road with them – safe from dangerous distractions. A caveat on the bill would have allowed some instances of cell phone use, but only to report dangerous situations or threatening road hazards.

According to the wording of the original bill, violators would have been fined up to $150 for the first offense and received one point on their driving records. Fines and points would have increased with subsequent violations. Drivers found at fault in an accident while violating the law would have had their licenses suspended for 90 days. Second offenders would have lost their licenses for six months. There is no word yet on whether Georgia lawmakers will reintroduce the bill during next year’s session. Currently, Georgia’s only definitive ban on cell phone use while driving applies to school bus drivers.

If you or anyone you know was injured in a car wreck due to a driver’s reckless behavior, you could have legal recourse. Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.

What do you think of a cell phone ban for teen drivers? Are they a safety net or an erosion of freedoms? Do you know anyone who texts and drives?

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