The women filed separate medical malpractice lawsuits against Dr. Paolo Bolognese in Queens County Supreme Court in October. The plaintiffs — from Georgia, Virginia and New Mexico — were all diagnosed with Chiari malformation. The rare, painful condition consists of brain tissue extending into the spine.

Bolognese, who specializes in Chiari malformation, performed surgeries on the three women. According to the complaints, he made such serious errors that the patients developed post-surgery complications such as spinal cords cysts, difficulty moving, impaired bladder function and sleep problems.

The lawsuit alleged Bolognese improperly placed hardware during the surgery of one plaintiff, while he dissected the neck muscles of another. The third woman claimed he failed to close her wound properly and ignored her subsequent complaints about excruciating pain.

As the case proceeded, prosecutors discovered the surgeon has been sued for medical negligence at least 20 times during his medical career. Bolognese who now practices at Neurological Surgery in Rockville Centre co-founded the North Shore University Hospital’s Chiari Institute. He was temporarily suspended by the institute for allegedly failing to operate on a patient who was anesthetized for brain surgery.

However, several former patients have spoken up in Bolognese’s defense. One woman said she “woke up feeling much better” after a 10-hour surgery the neurosurgeon performed on her. She said Bolognese’s decision to specialize in Chiari malformation makes him an easy target.

Medical professionals facing legal action for misconduct should contact an experienced attorney to challenge the accusations head-on. Medical malpractice can put one’s medical license and career on the line. Brill Legal Group has successfully represented physicians, nurses and other medical professionals facing criminal charges or disciplinary hearings.

Gabriel Young, 26, and his co-defendant Omar Hidalgo pleaded guilty to a felony charge of second-degree criminal possession of a forged instrument. Young was sentenced to one to three years in prison in Westchester County Court.

Hidalgo tried to purchase an iPad from a Best Buy store in Hartsdale in December 2015. He was carrying a forged credit card with the name Daniel Lopez. Hidalgo also had a forged Georgia driver’s license that had Lopez’s name but his photo on it.

A store manager approached nearby police officers after he thought the credit card and license looked suspicious. The officers, who had already been on site, determined them to be fraudulent.

Hidalgo left Best Buy and got into a rented vehicle with Young in the driver’s seat, according to authorities. Police removed them from the car and found the forged license along with multiple forged credit cards in Hidalgo’s wallet. An initial search of the car revealed a cellphone, four forged credit cards and some cash.

After the car was impounded, investigators found another 83 forged credit cards under the passenger floor, along with a forged Connecticut license. Young had used one of the credit cards to buy food from a Smash Burger restaurant in the area before his arrest. Police also recovered several PlayStation 4 game systems and dozens of gift cards.

In New York, credit card fraud is a felony offense that is aggressively prosecuted. As a result, individuals charged with the crime need an experienced defense attorney on their side.

Ring leader Davit Kudugulyan, 45, pleaded guilty to second-degree money laundering in New York State Supreme Court in June 2015. He was sentenced to one to three years in prison and a restitution payment of $750,000 for orchestrating the multi-state scam.

Kudugulyan and three separately convicted codefendants used skimming devices to wirelessly scan and steal credit card details from gas station users in Georgia, South Carolina and Texas. According to prosecutors, the victims were unable to detect the Bluetooth-enabled devices which were installed inside the pumps at several gas stations.

The defendants then used the scanned data to withdraw money from various Manhattan ATMs, usually taking out less than $10,000 in an attempt to avoid drawing attention to the scheme. They then deposited the cash into newly opened bank accounts in New York and later withdrew it at banks in other states. The group laundered more than $2 million between March 2012 and 2013.

In addition to the four main ring organizers, eight other codefendants have been convicted in relation to the crime. Two of Kudugulyan’s codefendants were sentenced to two to six years behind bars after pleading guilty to second-degree money laundering in December 2014. The fourth codefendant was sentenced to five years’ probation in January for the same charge.

Marc Frazier was also ordered to give up assets of more than $500,000 from the pill mill. The “pain management clinic” known as Apex Health & Wellness was owned by Frazier from November 2011 to April 2013. Prosecutors said that customers received prescriptions for controlled substances when there was no valid medical purpose, often paying up to $300 in cash to the clinic for the prescriptions.

Frazier hired medical doctor Paul Ruble to work at the clinic. Ruble is awaiting sentencing on similar charges after pleading guilty.

According to authorities, during the 17 months that the clinic operated, an average of 30 patients per day received prescriptions for alprazolam and oxycodone. Prosecutors said that more than 400 deposits were made to the pain clinic’s bank account, totaling over $1.8 million.

In addition to facing criminal charges, medical providers who prescribe drugs improperly and cause patients harm may face civil liability in the form of a lawsuit for pharmaceutical negligence. Anyone who has been injured by a pill mill or an error made by a doctor or pharmacist should consult with an attorney.

If you need to speak with a personal injury lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Their job begins prior to surgery, with a full evaluation of a patient’s medical condition, which will formulate the basis for the anesthetic plan, taking into account the individual’s physical condition. That includes one’s allergies – both known and potentially unknown.

In the recent Georgia case of Smith v. Introna, plaintiff is the widower and representative of decedent patient’s estate. The 63-year-old patient reportedly died just days after undergoing a knee replacement surgery that was, by all accounts, supposed to be routine. But, her husband alleges, the anesthesiologist assigned to the surgery failed to properly medicate his wife – not taking into account her allergy to certain medications – and then breached the standard of care by failing to monitor her or take the right action as soon as she stopped breathing. 

According to Courtroom View Network, it’s alleged defendant anesthesiologist breached the applicable standard of reasonable medical care by ordering plaintiff to receive Dilaudid. This is a powerful painkiller frequently used in surgery and after. However, it’s a type of morphine/ opioid. This patient had an allergy to morphine and other opioid derivatives.

The surgery seemed to progress normally. However, the doctor reportedly didn’t order any kind of heightened monitoring of the patient after the procedure was over. Nurses later discovered her in her hospital room, unconscious with no heartbeat. The doctor did respond to her room when called, but her husband says the doctor didn’t succeed in intubating her and restarting her heart for a full 19 minutes after he entered that room. By that point, she was brain dead. She died four days later.

In response to the lawsuit, the doctor insists that he did properly assess his patient and her pain medication and that her post-operative monitoring was adequate in light of the circumstances. Further, he disputes that his medication or treatment was the reason patient stopped breathing in the first place.

The trial is expected to stretch eight days, and it’s probably going to involve a substantial amount of expert witness testimony.

According to the publication Emergency Physicians Monthly, true anaphylactic reactions to opioids are rare, with most patients usually experiencing some kind of pseudoallergy, like itching, hives, sweating or redness (at the site of an injection). However, the article noted that when there is a true allergy to an opiate, then an opioid in a different chemical class can be used – but only with close monitoring. Dilaudid (also known as hydromorphone) is listed in the same class as morphine. Alternatives might include diphenylheptanes (i.e., Darvon, Dolophine) or phenylpiperidines (i.e., Demerol, fentanyl).

Still, poor outcomes in surgeries aren’t necessarily proof of medical malpractice in Miami. One needs to show the physican breached the applicable standard of care based on the circumstances.

If you have been a victim of Miami medical malpractice, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Med Mal Trial Over Knee Surgery Patient’s Death to Begin Next Week, Nov. 3, 2016, By Arlin Crisco, Courtroom View Network

More Blog Entries:

Quinn v. CP Franchising – Coming and Going Rule in Workers’ Compensation Claims, Oct. 30, 2016, Miami Medical Malpractice Lawyer Blog

By Mary Ellis LaGarde

By Richard LaGarde

But a new legal trend is emerging, one that involves the responsibility of those communicating on the other end. In a number of instances in different states, third parties that knowingly engage in text communication with drivers – or encourage drivers to engage in distracting activities – are being named as defendants in personal injury lawsuits. Success on this front has been varied, but it’s something our Miami car accident attorneys believe is worth exploring when there is evidence the crash was caused by distraction.

A recent article on Vocativ explored this burgeoning legal realm.

Let’s look at the recent case of Gallatin v. Gargiulo, and the decision handed down by a Pennsylvania county common pleas court judge. According to court records, decedent/ motorcyclist was slowing down to make a right turn when at the same time, a woman was operating a vehicle owned by defendant. She was behind the decedent motorcyclist at the time. It is alleged that the female driver was text messaging on her cell phone at the time of the crash, in violation of state law, and that she as inattentive and distracted, causing her to strike the motorcycle ahead of her, resulting in decedent’s fatal injuries. The complaint alleges that the female driver was texting at the time with her boyfriend/ owner of the car. Plaintiff, administrator of decedent’s estate, then sued not only the driver, but also the vehicle owner – not for vicariously liability by way of his ownership of the car, but for direct negligence for knowingly texting with someone while they were driving.

The judge noted there was no precedent in Pennsylvania that specifically spells out the duties or liability of a sender of a text message to a person who is driving. However, it took note of a ruling by the Superior Court of New Jersey in Kubert v. Best. In that case, the New Jersey court held the sender of a text message could be potentially liable if a car accident is caused by texting, but only if the sender knew or had special reason to know the recipient would view the text while driving and therefore be distracted. In Gallatin, plaintiff alleged defendant knew or should have known his girlfriend with whom he was texting was driving her vehicle and was therefore distracted. The assertion was that the actions of defendant aided or encouraged the driver to be distracted and thus provided a basis for establishing liability.

The court noted that while all plaintiff’s assertions had not yet been proven, if they were true, they could serve as the basis for establishing liability, based on the ruling in Kubert.

More recently, a Georgia man filed a lawsuit against Snapchat for “encouraging” motorists to drive distracted with creation of an app that captures one’s speed and superimposes the that recording on an image.

If you have been a victim of distracted driving, we can help.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Texting a Person While They’re Driving Could Land You in Jail, May 3, 2016, By Jennings Brown, Vocativ

More Blog Entries:

Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Miami Car Accident Lawyer Blog

But is that warning enough to divorce the company from liability for these so-called, “high speed selfies”? Should it have known that people were going to use (and in fact were using) the filter to record themselves driving fast behind the wheel?

A car accident lawsuit filed recently in Georgia asserts that company should be held responsible to compensate for injuries caused by an 18-year-old driver who used the filter while allegedly traveling 107 mph. Plaintiff alleges the company “motivated” younger drivers to use the filter while driving by doling out points for using the app, encouraging use during everyday activities – like driving. 

The young driver and the friends in the car with her have argued instead that it was plaintiff who drifted into their lane, causing her to lose control of the vehicle.

Plaintiff says as a result of the crash, he suffered severe traumatic brain injury and was hospitalized for five weeks. A former Uber driver who had just started his shift at the time of the crash, he has reportedly been unable to return to work.

An accident reconstructionist reportedly determined that at the time of the crash, defendant driver was traveling at 107 mph. Shortly after the crash, as the teen lie on a stretcher, in a neck brace and with blood dripping down her face, she snapped another photo. That one she captioned, “Lucky to be Alive.”

The case is interesting not only for the fact that it once again underscores the dangers of distracted driving (which largely involves people who refuse to put down their smartphones), but it also highlights a new push to recognize distraction as a danger akin to drunken driving. Cases like this will continue to crop up if we treat providers of this technology the same way we do bars under state dram shop laws. Licensed establishments that serve alcohol can be held liable in some cases for serving to minors or those who are known to be habitually addicted to alcohol. Plaintiffs here are seeking accountability from Snapchat here in the same way.

Founder of Mothers Against Drunk Driving and also of a new organization called Partnership for Distraction-Free Driving, Candace Lightner, called distracted driving a killer that is still socially acceptable.

Snapchat awarded users “trophies” for using the speed filter, but never expressly offered trophies for high speed driving. The app itself displays the warning not to Snap and drive.

The local Georgia police department handling the case has not charged the teen driver with speeding because, a representative says, there were conflicting reports about how fast she was driving. The agency is investigating that aspect as well as whether she was using social media while driving and also whether plaintiff may have violated the law by changing lanes without signaling.

Petitions on Change.org have called for Snapchat to nix the speed tracker. The company has not at this juncture given any indication that it would do so.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Snapchat at 107 MPH? Lawsuit Blames Teenager (and Snapchat), May 3, 2016, by Katie Rogers, The New York Times

More Blog Entries:

Moreno v. City of Gering – Government Liability in Bus Accident, April 27, 2016, Car Accident Lawyer Blog

Now, a Rand Corporation study has examined the data and found that the theory is unsupported by the evidence. Placing limits on medical malpractice lawsuits does not reduce the volume or cost of emergency room care.

The study, published in the New England Journal of Medicine, analyzed data from emergency rooms in South Carolina, Georgia and Texas, three states that put strict limits on medical malpractice claims in the past decade.

All three states raised the bar for a medical malpractice claim for emergency care to “gross negligence,” meaning, basically, that doctors had to actually know that they were providing improper care, but provided it anyway. Researchers compared metrics on defensive medicine procedures and costs for Medicare claims in these states, compared to states that did not have higher bars for malpractice claims. Overall, the study found no reduction in the metrics studied. There was only a small reduction in one metric, charges per patient, in one state.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Legal news analysts have been assessing the case of Thomas Eric Duncan, the deceased Dallas Ebola patient. Texas Presbyterian Hospital has admitted that Duncan should have been tested for Ebola upon his first visit to the emergency room, but ER staff mistakenly turned him away. However, most legal analysts agree that his family will not be able to sue the hospital for their mistake.

In 2003, the state of Texas instituted medical malpractice reforms that included tougher standards for suing ER doctors. Those harmed by the actions of ER physicians in Texas have to prove that the doctors knowingly caused harm. It’s a high standard, and one unlike the standards for any other type of medical malpractice in Texas.

At the time, proponents of the reform touted lower healthcare costs for all as a principal benefit of reform. But a major study from the New England Journal of Medicine, which looked specifically at the effects of medical malpractice reform on emergency room care in Texas, Georgia and South Carolina, said that after 10 years, those cost benefits were not realized.

According to the study, medical malpractice reform has not reduced the cost of ER care, nor has it lessened the use of unnecessary tests. In trying to explain why medical malpractice reform has had little or no effect on medical care, the authors of the study suggest that ER physicians may not be as influenced in their actions by the fear of lawsuits as they claim to be.

The study did reveal that the most likely beneficiary of tort reform is insurance companies. While healthcare costs for patients have not dropped as promised, insurance companies are keeping more money in their pockets, with fewer legal medical malpractice actions and fewer payouts to injured and ill patients who have suffered harm in the ER.

By Richard LaGarde

Fiat Chrysler’s decision to limit the recall is now hitting the headlines. One of the vehicles that the company declined to recall, a 1999 Jeep Grand Cherokee, was involved in a rear-end collision in which the fuel tank caught fire, killing a four-year-old boy who was strapped into a booster seat in the back seat. The family has filed a lawsuit in their home state of Georgia, and the judge in the case has just ordered the CEO of Fiat Chrysler submit to a deposition.

In the Jeep Liberty and Grand Cherokee models that Fiat Chrysler was asked to recall, the fuel tank is found between the rear axle and the bumper. This poses a problem because it can be punctured in a rear-end collision. According to the NHTSA, at least 51 people have died because a rear end collision in these vehicles caused a tank fire.

Fiat Chrysler still has not issued a wider mandatory recall, nor has it admitted that the fuel tanks may pose an unreasonable danger to car occupants. In commenting on the Georgia lawsuit, a company representative shifted the blame for the fire that caused the toddler’s death onto the driver of the pickup truck that rear-ended the Jeep, which was stopped at an intersection.

The lawsuit over the toddler’s death was filed in the Superior Court of Decatur County, Georgia. News of the ruling compelling the CEO of Chrysler Fiat to participate in a deposition was first reported in the Wall Street Journal and Bloomberg News.

By Richard LaGarde

Interestingly enough, only 10 percent of engagement rings in the early 1930s contained a diamond. By the end of the century, 80 percent had diamonds. In 2012 alone, there was $7 billion spent on diamond engagement rings.

The Emory University survey talked to 3,000 divorced Americans and discovered that if $2,000 to $4,000 was spent on a ring, the fiancé was 1.3 times more likely to end up divorced than a man who spent $500 to $2,000. On the receiving end of the ring, the women also had higher divorce rates.

Rings aside, it was also discovered that women who spent $20,000 or more on their nuptials were 3.5 times more likely to eventually be divorced than women who spent $5,000 to $10,000. The average cost for a wedding in the U.S. is $30,000 – a figure shared by wedding planning website, TheKnot.com.

Apparently, spending $1,000 or less on a wedding correlated to a decrease in divorce rate, but spending too little on the ring (under $500) usually indicated a higher divorce rate.

The reason for such findings apparently lies in the financial stress factor associated with wedding plans. Couples often find themselves spending more than they have on hand in order to make their wedding day special. The higher the cost of the ring and the wedding the higher the financial stress. The lower the cost of the ring and the wedding, the less financial stress. Why spend more money on a wedding than a couple is comfortable with?

Weddings did not used to cost so much, nor take as long to plan. Today’s expectations typically far exceed what would still pass for a lovely, reasonably priced wedding, but industry and peer pressure have led to a reflexive drive to spend and keep spending into debt. Being behind the eight ball financially, just after becoming newlyweds, is often a cause for marital discord.

What about the honeymoon? The study seems to suggest that the more guests there are at a wedding led to longer marital partnerships, as did having a low-cost honeymoon.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

In certain cases, a plaintiff may not be able to recover damages for injuries sustained in a car accident.  In a recent Georgia Supreme Court case, Stevenson v. City of Doraville, et al., Ga. Sup. Ct. (2013), the plaintiff was injured while driving on Interstate 285 during a rainstorm.  He was in the lane nearest the median of the six-lane highway when his car started malfunctioning.  The plaintiff tried to maneuver his car over to the right shoulder of the road, but he only reached the third lane from the right.  At that point, he saw a police vehicle with its emergency lights on near the right shoulder of the road. The officer turned on his flashing lights when he saw that the plaintiff was having car trouble.  Once the car stopped moving, the officer’s vehicle was to the right and behind the plaintiff’s.

The plaintiff turned on his hazard lights and waited in the car for the officer’s assistance.  The officer however reported the problem and decided not to try to approach the stalled vehicle due to the traffic on the road. After waiting for a few minutes without receiving any assistance, the plaintiff got out of his car and tried to get the attention of the officer.  Moments later a tractor-trailer truck hit his car, which next crashed into the plaintiff, resulting in a multi-vehicle accident.  The plaintiff sued the City of Doraville and the officer claiming that he was negligent in failing to redirect traffic away from the disabled car and thereby causing the traffic to move toward the plaintiff’s car by turning on his emergency lights while stopped at the outer lane of the highway right near the plaintiff’s car.

The trial court concluded that “official immunity” protected the officer from liability and the “public duty doctrine” barred the claims against the City.  Plaintiff appealed, claiming that the public duty doctrine did not apply because he had alleged affirmative acts of negligence, and even if it did apply, he fell under the “special relationship” exception set forth in an earlier Georgia case. The court of appeals affirmed the decision, finding the plaintiff’s arguments lacked merit.  The Georgia Supreme Court upheld the decision, refusing to find that a police officer’s decision to turn on his emergency lights while stopped on the side of the highway to assess the situation involving a stalled vehicle at night on a busy road amounted to an act of negligence.  The court also refused to find that plaintiff’s situation fell within the special relationship exception to the public duty doctrine.

As this case shows, a negligence lawsuit can be complicated and can turn on any number of legal factors.  If you have been injured in a car accident due to the negligence of another, it is critical that you contact an experienced injury attorney in the Atlanta area.

Stephen M. Ozcomert has over 20 years of experience handling automobile accident cases, representing individuals who have been injured as a result of another’s negligent driving in Atlanta and throughout Georgia. Call us today at (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:

Court Found No Evidence of Negligence on Behalf of Either Party in Car Accident Case

Georgia Supreme Court Interprets Statute of Limitations Provision Arising From Car Accident Case

Georgia Court of Appeals Refuses to Enforce Settlement Agreement Citing Demand in “Counteroffer

Hiring an attorney who has the requisite experience to handle a negligence action cannot be overstated.  The right attorney will understand how to plead the essential elements in the action, as well as know the kind of evidence that is suitable to support those claims.  In the personal injury case, Eatmon v. Weeks, Ga. Ct. of App. (2013), neither party was found to be negligent.  Here, Princess Eatmon was driving in the left northbound lane of Dawson Road and Flaval Weeks was driving a pick up truck in the opposite direction as it veered across the turning lane that separated the south- and northbound roads.  Weeks’ pick up truck hit Eatmon’s car.

As a result of the crash, Eatmon suffered a broken leg and other injuries, and Weeks sustained a head wound.  Weeks was unable to tell the responding officer anything about the car accident.  In fact, a doctor diagnosed Weeks as having had a stroke that day, and he died a few weeks later.  Eatmon filed a negligence lawsuit against Weeks’ estate, which counterclaimed for the same.  The trial court denied both parties’ cross-motions for summary judgment.  The court of appeals reversed the lower court’s decision, granted both parties’ motions for summary judgment, and found that neither party presented evidence of the other’s negligence.

First, the court found that Weeks’ estate failed to create an issue of fact as to whether Eatmon operated her car in a negligent way.  The evidence presented in the case indicated that Eatmon was driving within her lane on the correct side of the highway before she saw — and was unable to avoid being hit by Weeks’ truck. Because there was no evidence that she breached her duty of ordinary care, the trial court should have granted Eatmon’s motion for summary judgment.

As for Weeks, his estate argued that the evidence established that he suffered a stroke before the accident and cannot be held liable for the crash.  The law in Georgia supports the contention that a driver with an unforeseeable illness, which causes the person to suddenly lose consciousness and control of a motor vehicle, will not be considered negligent and will not be liable for any damages.  The court noted that here, Eatmon has not refuted the estate’s evidence that Weeks suffered such an unforeseeable loss of consciousness just prior to losing control of the car.  Therefore, because there was no question of fact as to whether Weeks’ loss of consciousness was foreseeable, the court should have granted summary judgment.

The court of appeals refused to find either driver negligent and reversed the lower court’s decision.  As we can see from this case, the facts and circumstances surrounding a car accident are supremely important to the outcome of the case.

If you have been injured in a car accident due to another’s negligence, the first thing you should do after seeking medical treatment and contacting law enforcement is to contact an experienced Atlanta injury attorney as soon as possible. Stephen M. Ozcomert has over 20 years of experience handling personal injury cases, representing individuals who have been injured as a result of another’s negligent driving in Atlanta and throughout Georgia. Call us today at (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:
Georgia Supreme Court Interprets Statute of Limitations Provision Arising From Car Accident Case
Georgia Court of Appeals Refuses to Enforce Settlement Agreement Citing Demand in “Counteroffer”
Georgia Court Denies Motion for Attorney Fees in Trucking Accident Case

In a recent case, Hospital Authority of Clarke County et al. v. Geico General Ins. Co., Ga. Sup. Ct. (2014), the highest court in the state reversed the court of appeals, and in doing so, set forth its own interpretation of a statute of limitations provision applicable to recovery on hospital liens. The case emanated from a car accident that occurred in March 2010 between Justyna Kunz and Crystal, Joseph and Elizabeth Kalish. Kunz sought medical treatment at Athens Regional Medical Center.  The Medical Center and the Hospital Authority of Clarke County (hereinafter, the “Hospitals”) filed three separate hospital liens totaling $66,999.22. Kunz then sued the Kalishes, who were insured by Geico Insurance Company.

On September 10, 2010, in a letter to Kalishes’ attorney, Kunz accepted their $100,000 policy limit settlement offer. A short time later, on September 23, Kalishes’ attorney also sent a letter confirming the agreement and enclosed a settlement check for $100,000, along with the necessary documents. Significantly, the settlement agreement was officially signed on October 8, 2010, and in order for it to be effective, Kunz was required to satisfy the above-referenced hospital liens. According to the facts of the case, the liens were not satisfied.

When Geico failed to satisfy the liens, the Hospitals’ attorney initiated a lawsuit on October 6, 2011.  Geico responded by moving for summary judgment, arguing that the Hospitals’ action to enforce their liens was not timely, as it was not filed within one year of the September 10, 2010 settlement. The Hospitals argued that it was in fact timely since it was filed within a year of the October 8, 2010 execution of the release.  The court of appeals agreed with Geico, and held that under the Georgia State Statute, the Hospitals were barred by the one-year limitations period to collect on their liens. The Georgia Supreme Court reversed, pointing out that the language of the statute provides that the limitations period begins to run one year from the date of settlement OR release (as is applicable to this case).  Specifically, the Court noted that the settlement agreement here ultimately evolved into a final release.  Because of that, the Court found that the statute of limitations began to run on the date of execution, that is: October 8, 2010.

There are many technical details associated with any personal injury action, especially those that involve car accident cases and resulting claims under complicated insurance policies.  There is no overstating the need to consult with an experienced injury attorney who is well versed in the specific laws applicable to cases in and around the Atlanta area.

If you have been injured in a car accident due to another’s negligence, the first thing you should do after seeking medical treatment and contacting law enforcement is to contact an experienced Atlanta injury attorney as soon as possible. Stephen M. Ozcomert has over 20 years of experience handling personal injury cases, representing individuals who have been injured as a result of another’s negligent driving in Atlanta and throughout Georgia. Call us today at (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:
Georgia Court of Appeals Refuses to Enforce Settlement Agreement Citing Demand in “Counteroffer”
Georgia Court of Appeals Grants Motion to Enforce Settlement Agreement of Car Accident Insurance Claims
Georgia Court Denies Motion for Attorney Fees in Trucking Accident Case

In a recent case, Kroger Company v. Schoenhoff, Ga. Ct. App. (2013), Steve and Melanie Schoenhoff (the “plaintiffs”) filed a personal injury and loss of consortium action against the Kroger Company (the “defendant”) after Melanie slipped and fell while she was shopping at a Kroger store in Georgia.  As Melanie was walking through the floral area of the store, she slipped and fell in a clear liquid, identified as water, in front of the floral display case. Melanie’s testimony revealed that she was watching where she was walking, but did not see anything on the floor until after she fell.  The evidence also showed that Kroger had no actual knowledge of the water on the floor before the incident.  The issue at trial was whether the store had “constructive knowledge” of the water on the floor in the location where Melanie slipped and fell.

There are certain ways that a plaintiff may show that a defendant had constructive knowledge: 1) if an employee was in the immediate area where the fall occurred and had the chance to fix the hazardous condition before the fall, or 2) if the hazardous condition had existed for a sufficient length of time that it would have been discovered and remedied had the property or business owner exercised reasonable care in inspecting the premises.  Here, the jury found in favor of plaintiffs, awarding Melanie over $2.6 million in damages, and Steve Schoenhuff $150,000 for his loss of consortium claim.

On appeal, defendant claimed that it was entitled to a directed verdict (where the court takes a case away from the jury and substitutes its own judgment for the jury’s) because plaintiffs failed to show that it had actual or constructive knowledge of the liquid on the floor.  The court of appeals affirmed the decision, noting that the existence of constructive knowledge is a matter for the jury to determine, as long as there is evidence from which it may be inferred.

The court found that plaintiffs provided the following evidence: that water dripping on the floor in the floral area was a recurrent problem, defendant had in the past put mats on the floor to catch the water (and did not do so on the day Melanie slipped and fell), and it also did not inspect for anticipated spills in the floral department on that day.

Of course each case will depend on the facts presented and proven.  If you are injured in a slip and fall (or trip and fall) case, it is important that you consult with an experienced Atlanta injury attorney as soon as possible after the incident to determine your right to a recovery.

If you have been injured in a slip and fall or trip and fall case, you are encouraged to contact an experienced Atlanta injury attorney as soon as possible. Stephen M. Ozcomert has over 20 years of experience handling personal injury cases, representing individuals who have been injured in premises liability incidents in Atlanta and throughout Georgia. Call us today at (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:
Georgia Court of Appeals Refuses to Enforce Settlement Agreement Citing Demand in “Counteroffer”
Georgia Court Denies Motion for Attorney Fees in Trucking Accident Case

In the case mentioned above, the plaintiff, Kemper, was injured when a vehicle driven by Brown struck her motorcycle. Kemper sustained serious injuries and was taken to Atlanta Medical Center to receive emergency treatment for her injuries.  Law enforcement charged Brown with several traffic violations, including driving under the influence and reckless driving.  Each party had automobile insurance: Kemper was insured by Progressive Insurance Company and Brown was insured by Equity Insurance Company, who later assigned the claim to its third-party carrier (claims administrator), Statewide Claims Services.  The policy under Equity contained a $25,000 per person bodily coverage limit.

Kemper sent a demand letter to Statewide, requesting that it send the maximum amount under the insurance policy, and in response, Kemper promised to sign a limited release.  She set forth a deadline and information concerning to whom the check should be made payable. In response, Statewide sent the $25,000 check attached to a letter to Kemper, agreeing to settle the claims, but adding a demand that the money received be placed in an escrow account with respect to any liens pending.  Due to this language in the letter, Kemper considered it a counteroffer, rejected the terms and filed suit against Brown.

Brown filed a motion to enforce the settlement agreement. The trial court granted the motion and Kemper appealed, arguing that the purported settlement agreement was not enforceable because Brown’s response (via Statewide Insurance) was not unconditional or identical to the terms of her offer.  The key element rendering Brown’s response a counteroffer was Statewide’s demand that Kemper place the settlement funds into an escrow account.  The court of appeals agreed and reversed the trial court’s decision.

Essentially, the court reviewed the evidence in light of contract formation principles, and found the new terms to be a counteroffer.  Statewide used the term “demand” with the respect to the escrow account, indicating that that was a condition that Kemper was required to satisfy in order for acceptance to be effective.  The demand was interpreted as a mandatory direction, construed as a counteroffer rather than an unequivocal and unconditional acceptance.  Based on this reasoning, the court held that no binding settlement agreement was formed.

As one can see from this case, it is important to be represented and advised by an injury attorney with experience handling settlement negotiations and communications in personal injury matters.

If you have been injured in an automobile accident due to another’s negligence, the first thing you should do after seeking medical treatment and contacting law enforcement is to contact an experienced Atlanta injury attorney as soon as possible. Stephen M. Ozcomert has over 20 years of experience handling personal injury cases, representing individuals who have been injured as a result of another’s negligent driving in Atlanta and throughout Georgia. Call us today at (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:
Georgia Court Denies Motion for Attorney Fees in Trucking Accident Case
Georgia Court of Appeals Grants Motion to Enforce Settlement Agreement of Car Accident Insurance Claims
Limited Liability Waivers in Your Georgia Car Accident Case

 Under Georgia law, an award of attorney fees is typically not available unless authorized by contract or state statute. Case law indicates that a plaintiff in a personal injury accident may not be entitled to collect his or her attorney fees if there exists a “bona fide controversy” between the parties, despite any allegations of one party engaging in “stubborn litigiousness” or causing unnecessary trouble and expense. It is critical that parties understand the above-mentioned terminology to avoid bringing any superfluous claims.  If you or someone you know has been injured in a truck accident, due to the fault of another, you are encouraged to contact an experienced injury attorney who is fully familiar with the laws and procedures in the Atlanta courts.

In a recent decision, Horton et al., v. Dennis et al., Ga. Ct. of App. (2013), the court agreed with the lower court’s finding and refused to award plaintiff attorney fees based on allegations that defendants (appellees herein) had been “stubbornly litigious” and caused them unnecessary trouble and expense. Here, plaintiff was severely injured when a tractor-trailer operated by defendant Joseph Dennis, crossed the centerline of a Georgia highway and crashed into plaintiff’s truck. Plaintiffs’ claims for damages cover multiple injuries, including allegations that the victim suffered a mild traumatic brain injury, resulting in memory and mental impairment and nerve damage.

Plaintiff and his wife sought recovery for his personal injuries and her loss of consortium, respectively. Just before the trial was set to begin, defendants stipulated to liability – namely, fault for how the accident occurred and responsibility for the accident. They also conceded that certain of plaintiff’s injuries were proximately caused by the accident. But they continued to contest that the crash was the proximate cause of plaintiff’s traumatic brain injury or pelvic nerve damage. At this point, plaintiff obtained the court’s permission to amend the complaint to add a claim for attorney fees, arguing that defendants had been stubbornly litigious and caused them unnecessary expense and trouble.

At the end of the first part of the trial, the jury ruled for the Hortons awarding more than $1.2 million for medical bills, lost income, physical and mental pain and suffering, and for loss of consortium. During the hearing on the claim for attorney fees, the Hortons agreed that there had been a bona fide controversy concerning some of the damages at issue. Because the parties disputed whether plaintiff’s brain injury and resulting symptoms were proximately caused by the defendant’s negligence, the court found there to be a bona fide controversy. Under these findings, the court decided it would be inappropriate to submit the attorney fee claim to the jury. The court of appeals affirmed – noting that the record shows that there was a bona fide controversy between the parties throughout the entire litigation.

An experienced injury attorney, with knowledge of the local laws and procedures in Atlanta courts, would carefully identify the viable claims in a truck accident personal injury case and help a victim receive the best possible damages award.

If you have been injured in a truck accident due to another’s negligence, the first thing you should do after seeking medical treatment and contacting law enforcement is to contact an experienced Atlanta injury attorney as soon as possible. Stephen M. Ozcomert has over 20 years of experience handling personal injury cases, representing individuals who have been injured as a result of another’s negligent driving in Atlanta and throughout Georgia. Call us today at (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:

Georgia Court of Appeals Case Demonstrates Importance of Acting Quickly Following Trucking Accident

Fatal Tractor Trailer Collision on I-85 over the Weekend

Multiple Fatalities in Church Bus Collision, including Atlanta Truck Driver

There are many important procedural steps to take when initiating a personal injury action.  The local laws can be confusing and there are critical time limitations to adhere to every step of the way.  Another important aspect of any injury case involving a car vehicle accident is the victim’s right to recover under various insurance policies, depending on the circumstances.  The manner in which one handles the case can impact a victim’s entitlement to a potential damages recovery.

In a recent case, Newton v. Ragland, Ga. Ct. of App. (2013), the appellate court reversed the lower court’s refusal to enforce a settlement agreement in a personal injury action that arose from car accident.  In March 2009, Newton ran a red light at an intersection and crashed into Ragland’s vehicle.  As a result of the accident, Ragland sustained severe injuries.  Newton’s vehicle was covered under two separate insurance policies: her own automobile liability insurance (USAA General Indemnity Company policy) and a Zurich Insurance Company policy that was held by a dealership that owned the car at the time of the accident.

Both policies included a per person bodily coverage limit of $25,000.  Significantly, the victim, Ragland, also had uninsured/underinsured motorist (“UM/UIM”) coverage. In order to move forward with the case, Ragland’s attorney sent a letter to the insurance claims adjusters at both of Newton’s insurance companies demanding the $25,000 payment from each, in return for a limited liability release under Georgia state law.  The letter advised both companies that in order for Ragland to recover UM benefits as well, it would need their respective payments first, by a specified due date.

USAA sent the $25,000 in a timely fashion and included a letter indicating that they have now settled the claim, and attached a general release (instead of a limited one requested).  Ragland’s attorney then faxed a letter confirming receipt of the funds, stating that he assumed the tender of the $25,000 is conditioned upon his client signing the release. He did not mention that the release was general and not limited as originally requested.  He also made no mention that Ragland may not sign the document.

Ragland hired a new attorney and filed this action against Newton claiming that USAA had rejected his settlement offer by providing a general release instead of a limited one.  Newton answered by filing a motion to enforce the original settlement agreement.  The trial court denied the motion.  The court of appeals reversed, finding that the contract to settle the matter was formed when USAA sent the policy limits to Ragland within the offer letter’s due date.  Under contract formation principles, the inclusion of a general liability release was not deemed to “impose a new condition of settlement.”

As one can see from this ruling, it is terribly important to understand the local court rules and state laws that are applicable to car accident cases.  If you have been the victim of a car accident, resulting from the negligence of another, you are encouraged to contact an Atlanta-based injury attorney who can help to protect your rights to a recovery.

Stephen M. Ozcomert is a caring and dedicated injury attorney  with over 20 years of experience handling car accident cases.   Contact us today by calling (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:

 Limited Liability Waivers in Your Georgia Car Accident Case

Negligent Third Parties and Automobile Collision Causation

Georgia Court of Appeals Rules Expert Testimony not Required for Causation of Back Injuries in Car Accident Cases

In one such case, it appears as though the plaintiff may have been represented, as there was very specific language regarding the nature of the limited liability waiver which she signed.

In the case, Watford v. Cowart, Dist. Court, MD Ga. (2013), the parties were involved in a car accident in Cook County, Georgia. Following the accident, the plaintiff filed suit, seeking damages for the injuries she alleges were caused as a result of the defendant negligently and recklessly operating her vehicle. Plaintiff’s initial complaint sought general damages, special damages, punitive damages, and attorney’s fees and costs pursuant to Georgia State Law.

In responding to the plaintiff’s suit, the defendant admitted liability, stating that she did negligently operate her vehicle, and essentially acquiesced to the plaintiff’s allegations. Defendant had an automobile liability insurance policy at the time of the accident, with a coverage limit of $300,000. The plaintiff was also insured under a separate policy, which provides uninsured motorist coverage.

Sometime later during the course of the suit, in exchange for a payment of the liability policy limit of $300,000, the plaintiff executed a limited liability release pursuant to relevant Georgia law, which stated in relevant part that she settled her claims against the insurer and granted a limited release for “ PERSONAL INJURY AND BODILY INJURY ONLY. NOTHING CONTAINED IN THIS RELEASE WILL BAR OR PREVENT THE UNDERSIGNED FROM PROSECUTING A CAUSE OF ACTION FOR PROPERTY DAMAGE AGAINST THE INSURER AND LIMITED RELEASEES.”

The main purpose of phrasing the limited release in that way was so that the plaintiff could proceed with a claim under her uninisured motorist policy. However, it also had the effect of precluding everything else she was seeking in the case.

The defendant filed a motion for summary judgment in regards to the plaintiff’s claims for punitive damages and attorney’s fees, and sought a setoff of $300,000, should a jury verdict grant plaintiff an award in excess of that amount. Defendant also sought to clarify that plaintiff could not reach her personal assets.

The court granted the defendant’s motion, finding that, because the release did not specifically retain the ability to pursue punitive damages or attorneys fees, but did retain the potential for property damage, the release acted to relieve any of the claims that were not specifically carved out.

Additionally, the court found that the language of the release relieved the defendant from any personal liability, and thus the plaintiff could not pursue the defendant’s personal assets in securing damages. Essentially, the court found, the only judgment that the plaintiff could enforce would be against her own uninsured motorist policy.

If you have been involved in a car accident in Atlanta that caused you personal injuries, and you believe that the other driver was responsible for driving negligently, contact the Atlanta Personal Injury Lawyer, Stephen M. Ozcomert. As one of the most sought-after personal injury attorneys in the state, Mr. Ozcomert combines over 20 years of litigation experience and caring dedication to provide you with the best possible legal representation. Do not rely on insurance adjusters to protect your best interests; their only goal is to settle as quickly and for as little as possible Contact us today by calling (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More Blog Posts:

Georgia Court of Appeals Case Demonstrates Importance of Acting Quickly Following Trucking Accident, Atlanta Personal Injury Lawyer Blog, published December 11, 2013

Default Judgment in Georgia Car Accident Cases, Atlanta Personal Injury Lawyer Blog, published December 4, 2013

In one Georgia Court of Appeals case, for example, defendants were sanctioned for reportedly, “ intentionally destroying material evidence, for committing fraud on the court and the plaintiff, and for intentionally filing false responses to discovery requests.”

The defendants appealed the sanctions, and in the case, Howard v. Alegria, 739 SE 2d 95, Ga. Ct. App.  (2013), the Court of Appeals reviewed the long and sordid history of destruction of evidence and other fraudulent conduct.

The facts of the case were as follows: plaintiff was driving his pickup truck on Interstate 20 when he lost control of his truck. The truck swerved onto the shoulder and then back onto the highway before coming to a stop in the right eastbound lane of the interstate. Shortly after this occurred, a tractor trailer owned by ACT collided with the plaintiff’s truck. During the collision, the plaintiff sustained severe, permanent injuries.

According to the case, the trial court reviewed a record which involved several years of the defendant misleading the plaintiff, which included repairing the tractor-trailer before the plaintiff could inspect it, deleting the truck’s internal service record, lying about insurance coverage and an online computer module, and then later claiming inadvertent mistake and total innocence.

Additionally, regarding the computer information the defendant downloaded and then deleted, it claimed that the evidence wouldn’t have been helpful to the plaintiff anyway. An expert, however, stated that the information downloaded from the onboard computer, was “the highest and best evidence of what actually occurred at the time of the collision in this case.”

Regarding the inspection, defendants tried to place blame on plaintiff for failing to inspect by a certain date, eventhough they had admitted that the tractor trailer had already been repaired in some way just five days following the accident.

The court quoted another opinion regarding the egregiousness of fraudulent responses to discovery, as opposed to not responding at all, because among other reasons, the plaintiff may never learn that the response was untrue.

Therefore, for the reasoning above, and that based on the much more in depth analysis within the case, the Court of Appeals affirmed the sanctions and other actions taken by the trial court.

As the court discussed repeatedly in this case, the reason why discovery fraud and abuse is so repugnant is because when evidence that is critical to a plaintiff’s case is destroyed, it may consequently render the plaintiff’s case unprovable. A plaintiff must establish that the defendant was negligent, and in order to do so, they need access to the underlying evidence of what happened at the time of the collision. Computer records on board the vehicle and the physical evidence of impact are incredibly crucial. This is why it is critical to act as quickly as possible following an accident, in order to ensure that records are not routinely deleted as part of a standard process. Unfortunately for the plaintiff in this case, the attorney did act quickly; it was the defendant who destroyed the evidence without the attorney or plaintiff’s knowledge until later on.

If you have been injured in car accident due to another individual’s negligent driving,  the first thing you should do after seeking medical treatment and contacting law enforcement is to contact an experienced Atlanta car accident attorney as soon as possible. Stephen M. Ozcomert has over 20 years of experience in handling personal injury cases, and is experienced with representing individuals and their families who have been injured as a result of the negligent driving of others in Atlanta and throughout Georgia. Call us today  at (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More  Blog Posts:

Default Judgment in Georgia Car Accident Cases, Atlanta Personal Injury Lawyer Blog, published December 4, 2013

Georgia Court of Appeals Rules Expert Testimony not Required for Causation of Back Injuries in Car Accident Cases, Atlanta Personal Injury Lawyer Blog, published November 25  2013

A recent decision entered by the United States District Court, M.D. Georgia, Valdosta Division gives a thorough explanation of how a default judgment works in the context of a negligence lawusit following an injury car accident.

In the case, Mata v. Gallon, Dist. Court, M.D. Ga. (2013), the plaintiff filed a lawsuit following a car accident. According to her testimony, the defendant hit the car in which the plaintiff was traveling, as a result of speeding and losing control of his vehicle. As a result, the plaintiff was ejected from the vehicle she was in. Plaintiff was hospitalized for approximately three weeks for the severe injuries she suffered as a result of the collision. These included injuries to her neck and back, skull fractures, spinal column injuries, jaw injuries, and loss of an eye. Due to her jaw and skull injuries, plaintiff’s jaw had to be wired shut for some six weeks, and metal plates were placed in her face and head.

Throughout the opinion, the court discusses the lengths at which the plaintiff went to in order to serve notice of the lawsuit, which was filed in March 2012, and when no response was had, motion for default judgment against the defendant, in June of 2013.

The court heard testimony and evidence from the plaintiff at a hearing in October of 2013 concerning the matter of default judgment and damages. While both the plaintiff and her attorney were present, neither the defendant nor any representative for him appeared at the hearing.

Because this lawsuit was filed in federal court, it follows the Federal Rules of Civil Procedure. The court recants the relevant Rule 55, which states that, “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” Fed. R. Civ. P. 55(a). In order to grant the motion, the court thoroughly explains, it must ensure that the all of the allegations are well set forth, and that there is a sufficient, substantive basis for granting the relief sought.

Here, the court looks to the relevant underlying state law, which is Georgia law in this case. Under Georgia law, a party asserting a claim for personal injury has the burden of pleading and proving that defendant owed a duty of care to plaintiff, this duty was breached, and the breach was proximate cause of damages. On the basis of her pleadings, the court held that the plaintiff sufficiently established all of these elements.

Additionally, when it comes to damages, the court must ensure that there is a legitimate basis for entering any award. The plaintiff’s evidence, which included medical bills, pictures of her injuries, and evidence of her continued medical complications and lost wages provided a sufficient basis for her claim of $750,000.00. This claim included amounts for medical expenses, pain and suffering, and loss of earnings. No evidence was presented to indicate that Plaintiff’s requests for damages were unreasonable or without basis.

Therefore, the court entered a default judgment for the plaintiff, for the full amount of damages requested. The end of the order stated that the decision could be appealed within fourteen days.

Securing a default judgment, as explicitly set forth by the District Court in this case, requires that all of your filings and legal pleadings set forth all of the necessary information required to be entitled to a judgment. Any omission could potentially affect your claim. The safest way to ensure watertight pleadings is to hire an experienced Georgia car accident attorney.

If you have been injured in car accident due to another individual’s negligent driving, the first thing you should do after seeking medical treatment and contacting law enforcement, is to contact an experienced Atlanta car accident attorney as soon as possible. As one of the most sought-after personal injury attorneys in the State, Mr. Ozcomert combines over 20 years of litigation experience and caring dedication to provide you with the best possible legal representation. Call us today  at (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More Blog Posts:

Georgia Court of Appeals Rules Expert Testimony not Required for Causation of Back Injuries in Car Accident Cases, Atlanta Personal Injury Lawyer Blog, published November 25, 2013

Atlanta District Court Affirms Need for Proof of Causation in Car Accidents Raising Medical Questions, Atlanta Personal Injury Lawyer Blog, published November 18, 2013

The case arose out of an incident where the plaintiff was rear ended, causing his head to slam against the driver’s side window, and pushed his car into the middle of the intersection. The plaintiff claimed injuries to his head, neck, back, and leg as a result of the accident. A jury found in his favor, and awarded him $13,000.

The defendant, Safeway, appealed the decision, arguing that the trial court erred in allowing testimony from the plaintiff’s doctor, and also in allowing the jury to consider an aggravation of a pre-existing condition.

The plaintiff’s doctor testified at trial regarding the result of his MRI, which showed a herniated disk, which he believed to be consistent with a timeline of around when the accident took place. Safeway argued that this testimony shouldn’t have been admissible, because the plaintiff should have had to prove that the injury was caused by the accident in order to be admissible.

The rule for requiring expert medical testimony regarding injuries, as adopted by the Georgia Supreme Court, states that:

Expert evidence is required where a `medical question’ involving truly specialized medical knowledge (rather than the sort of medical knowledge that is within common understanding and experience) is needed to establish a causal link between the defendant’s conduct and the plaintiff’s injury.

That being said, however, the court held that back injuries resulting from car accident are squarely within common experience and understanding of jury members. They then cited another car accident case, for the premise that a back injury resulting from a car accident does not raise a medical question requiring expert testimony on causation.

Therefore, the court held that the issue of whether the injury was caused by the collision was for the jury to decide, and that the allowance of the testimony was not in error.

The court further disagreed with Safeway’s argument challenging the validity of the trial court having instructed the jury to consider whether the presence or aggravation of a preexisting condition was at play, following testimony regarding the plaintiff’s recently healed back injury was improper for essentially the same reason, i.e. that it was not proved. The court held that the evidence presented at trial regarding plaintiff’s prior car accident and injury was  was sufficient to support a jury instruction on preexisting condition, and the trial court did not err in so instructing the jury.

This common sense approach is an affirmation of the reality that we all know: car accidents lead to neck and back injuries. Requiring expert testimony on this matter in every case would be not only silly, but wasteful, inefficient, and simply unfair.

If you have been injured in car accident due to another individual’s negligent driving,  the first thing you should do after seeking medical treatment and contacting law enforcement, is to contact an experienced Atlanta car accident attorney as soon as possible. Stephen M.  Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is experienced with representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Call us today  at (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More Blog Posts:

Canadian Driver Charged with Vehicular Homicide in Deadly I-75 Accident, Atlanta Personal Injury Lawyer Blog, published November 11, 2013

Four Tragic Accidents in Metro Atlanta Tragic Start to November, Atlanta Personal Injury Lawyer Blog, published November 4, 2013

The plaintiff filed the lawsuit following a car accident in DeKalb County, Georgia, seeking to recover medical expenses, lost wages, and damages for her pain and suffering. The defendants removed the case to federal court, and a discovery period followed. Discovery is the period of time during which the two parties to a lawsuit gather evidence from each other and other sources, through mechanisms such as asking written questions (interrogatories), asking questions in person (depositions), document requests, and other sources.

Following the discovery period, the court directed the parties to file for summary judgment or submit a pretrial order. The defendants filed a motion for summary judgment, arguing that the plaintiff’s failure to identify expert testimony for trial. They argued that this failure would prevent her from prevailing on her negligence claim because she must have an expert to establish causation. They further argue that the Plaintiff has produced no evidence whatsoever that could establish causation. The Plaintiff did not respond to the motion.

Summary judgment is a mechanism for dismissing a lawsuit that is only available when all of the filings and documents before the court show that there is no “genuine issue of material fact” that would entitle the non-moving party to prevail. In other words, in this case, the defendant is claiming that because the plaintiff did not provide any evidence that the auto accident caused her injuries, she cannot maintain a lawsuit saying that she did. You must prove your claim in order to prevail.

In her complaint, the plaintiff alleged that as a result of the accident, she suffers from ”muscular atrophy, weakness, sensory loss, loss of reflexes and pain to her head consisting of serious migraine headaches and a closed head injury” as well as “pain and weakness of her back and neck and psychological trauma consisting of but not limited to post-traumatic stress syndrome.” (Compl. ¶ 9).

In negligence cases where the injuries alleged are not the type that are within common knowledge and experience, a medical question is involved, and proof relating to causation is required. Types of injuries that are within the common knowledge and experience following car accidents include things such as bruising, broken bones, and neck or back pain, as previously discussed on this blog.

When a claim raises a medical question, the plaintiff must provide evidence from an expert with specialized medical knowledge.

The court held that the plaintiff’s allegations of injuries to her nervous system implicate a “medical question” because the connection between the car accident and the extensive injuries to her nervous system is not “capable of resolution by ordinary people using their common knowledge and experience.” Since the plaintiff did not provide expert evidence regarding this medical question, the court granted the defendant’s motion for summary judgment in regards to the plaintiff’s claims relating to her nervous system and psychological injuries. Additionally, because the plaintiff failed to provide evidence demonstrating the causal connection between the defendant’s negligence and her pain and suffering and $10,000 in medical bills, this amounted to sufficient grounds to grant the motion in its entirety.

Unfortunately for the plaintiff, this case provides an excellent example of a common problem with perception about the legal system. If you are involved in a car accident, and suffer injuries as a result, even if it was clear to you, the defendant, and any witnesses to the collision, you must still prove your case. Even if you know the truth in your heart, and felt the injuries on impact, you must still fulfill the legal proof requirements.

This case affirms the principle that in an Atlanta car accident personal injury claim based on negligence, you must prove not only that the defendant acted in a legally blameworthy manner, but also that this failure was the proximate (direct) cause of your injuries and other damages.

If you or a loved one has been injured or killed in a car accident due to another individual’s negligent driving, consult an experienced Atlanta car accident attorney as soon as possible. Stephen M.  Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and fully understands all of the elements required in successfully litigating personal injury cases on behalf of individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Call us today  at (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More Blog Posts:

Canadian Driver Charged with Vehicular Homicide in Deadly I-75 Accident, Atlanta Personal Injury Lawyer Blog, published November 11, 2013

Four Tragic Accidents in Metro Atlanta Tragic Start to November, Atlanta Personal Injury Lawyer Blog, published November 4, 2013

Three of the accidents occurred on Saturday. Although the circumstances surrounding the crashes were unclear, the first occurred when a garbage truck rolled over while exiting I-75 southbound at the Cleveland Avenue offramp. One public works employee was killed in the single car accident, and another was injured. The second worker was transported to a local hospital in critical condition.

Another accident happened on the I-85 north near the Ga. 400 intersection, killing a 20 year old man. According to reports,  a passenger was attempting to climb out of a window, which prompted the driver to pull over. The victim was fatally struck after he exited the vehicle and walked into traffic. The driver of the other vehicle was transported to a hospital for treatment of his injuries.

According to Cobb County police, the third accident that happened on Saturday, a 17 year old died as a result of the injuries he sustained in a  two-vehicle collision at Austell Road at Chamberlain Circle. The accident occurred when the Nissan that the victim was driving attempted to turn left in front of a Range Rover, causing a collision.

The fourth accident happened at around 1:30 a.m. on Sunday, near the intersection of Ga. 85 and Ga. 138. The passenger of one vehicle was killed, and the driver of the second automobile was transported to a local hospital for treatment of unknown injuries.

Although the circumstances surrounding these various collisions remain unclear, in most cases car accidents occur because at least one driver was at fault. The standard cause of action in car accident cases is negligence. These means that the driver allegedly responsible for causing the collision drove in a way that put others on the road at an unreasonable risk of harm. Some examples of this type of driving include excessive speeding, failure to obey traffic signals, failure to yield, etc.

If you have been injured as a result of another driver’s negligence, you may be entitled to compensation for your injuries, medical expenses, physical or other therapies, lost wages, and other related experiences. Contact an experienced car accident attorney today in order to learn the full extent of your potential legal claim.

If you or a loved one has been injured or killed in a car accident due to another individual’s negligent driving, consult an experienced Atlanta car accident attorney as soon as possible. Stephen M.  Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Call us today  at (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More Blog Posts:

Fatal Tractor Trailer Collision on I-85 over the Weekend, Atlanta Personal Injury Lawyer Blog, published October 31, 2013

Sleepy Driver Causes Multi Vehicle Collision, Atlanta Personal Injury Lawyer Blog, published October 21, 2013

A county officer confirmed that there was one fatality, following the reported collision of a passenger vehicle and a tractor trailer. A video sent to a local news station by a passing motorist showed the trailer engulfed in white smoke. A photograph reportedly revealed a car pinned below a burned out section of the trailer.

According to one witness, “The small car was pressed between the tractor trailer and the railing, completely engulfed in fire.” A Police Department spokesman said both vehicles were traveling southbound on I-85 north of Old Peachtree Road when the two vehicles collided. The car apparently caught fire sometime shortly after the collision, trapping the driver of the passenger vehicle. As a result, the driver of the car died at the scene.

The accident remains under investigation. Authorities reported that additional information, including any potential charges, would be released the following week.

This accident is incredibly tragic. While there is not enough factual information to speculate as to the cause or potential fault, it seems likely that the sheer size of the tractor trailer played at least a small part in causing the fire to erupt in the passenger vehicle. Whether the truck driver was responsible for causing the accident in the first place will have to be determined through the investigation.

Commercial truck drivers are required to follow certain federal regulations regarding length of driving periods, mandatory minimum rest breaks, and other relevant safety guidelines. In some cases, the companies that employ these drivers will provide financial incentives to drivers who deliver their loads ahead of schedule. This can lead to potentially deadly results. Driver fatigue is one of the most common causes of accidents involving commercial truck drivers. When companies encourage their drivers to break laws and ignore their rest cues, they should be held accountable for any resulting injuries or damages that their actions may cause.

If you believe that another driver’s negligence was responsible for causing your car accident, you may potentially be able to recover financial compensation for any damages you may have suffered. These include things such as damage to your car, any resultant medical bills, an amount for pain & suffering, any lost wages at work, and other related expenses as the case may be.

If you or a loved one has been injured or killed in a car accident due to another individual’s negligent driving, consult an experienced Atlanta car accident attorney as soon as possible. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience in personal injury cases. He is skilled at representing individuals and their families in the greater Atlanta area who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Sleepy Driver Causes Multi Vehicle Collision, Atlanta Personal Injury Lawyer Blog, published October 21, 2013

Road Rage Suspected in Deadly Gainesville Crash, Atlanta Personal Injury Lawyer Blog, published October 9, 2013

The man was apparently initially discovered by the camera crews of a local news station, prompting the employees of the news station to call 911, as the truck was stopped in a lane of traffic, with the engine still running, as the man lay asleep behind the wheel.

A Georgia Department of Transportation HERO unit arrived and tried to revive the man and remove the keys from the ignition. The driver awoke, engaged in some sort of confrontation with the HERO worker and sped off, nearly hitting the HERO worker, and colliding into two other cars. This caused a chain reaction that eventually resulted in a five car accident. The incident reportedly occurred at the Buford Connector near downtown Atlanta.

The HERO worker was finally able to get the keys out of the man’s truck, prompting the driver to attempt to flee on foot, reportedly jumping over a barbed wire fence. The police have reportedly been unable to track the man down. Fortunately, no one was seriously injured as a result of the incident.

This case, like most accidents, is one that could have easily been avoided. It remains unclear what the man must have been thinking when he not only fought the HERO worker, but then instead of pulling his vehicle over, instead accelerated into traffic, causing a collision.

People understandably become tired; it is human nature to need a certain amount of sleep. However, what is not acceptable is resisting the urge to rest, and failing to pull to the side of the road when we start to notice the signs of fatigue taking over.

So-called “drowsy driving” is so prevalent, in fact, that the National Highway Traffic Safety Administration joined together with several other organizations to conduct a study into the problem, and investigate potential solutions. Among the findings of the study:

“NHTSA data indicate that in recent years there have been about 56,000 crashes annually in which driver drowsiness/fatigue was cited by police. Annual averages of roughly 40,000 nonfatal injuries and 1,550 fatalities result from these crashes.”

And these statistics are believed to be underreported, meaning an even greater number of collisions may be a result of a drowsy driver behind the wheel.

Drivers are required to drive in a way which does not create an unnecessary or undue risk for pedestrians and others driving on the road. When a driver engages in a behavior that puts others at risk, he or she should be held accountable for any damages, including personal injury, which they cause. In this case, once apprehended, the man responsible for causing the massive accident could potentially face both criminal and civil lawsuits arising out of his questionable decisionmaking.

If you or a loved one has been injured or killed in a car accident due to another individual’s negligent driving, consult an experienced Atlanta car accident attorney as soon as possible. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. We will handle your case with the utmost care, and pride ourselves in following the highest ethical standards of representation. Call us today  at (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More Blog Posts:

Road Rage Suspected in Deadly Gainesville Crash, Atlanta Personal Injury Lawyer Blog, published October 9, 2013

Multiple Fatalities in Church Bus Collision, including Atlanta Truck Driver, Atlanta Personal Injury Lawyer Blog, published October 2, 2013

If Rhode Island researchers are right, and can prove what they are seeing on a larger scale, there may be even more hope for someone with a brain injury. The ProTECT study is being carried on in a small room in the Rhode Island Hospital, led by an E.R. doctor. The “Pro” part stands for progesterone.
The rationale behind this exercise is that progesterone exists, naturally, in women and men. The difference here is that the particular progesterone the team is working with is not derived from humans. It comes from a yam.

Kind of gives one a slightly different take on Thanksgiving sweet potatoes.
So far, tests are demonstrating that the yam-based progesterone used on animals is decreasing brain swelling. The benefits were deemed so great, it was then tried on humans. The results have been extremely encouraging. There were two human trials, one a world away, in China and another in Atlanta, Georgia. They all demonstrated a decreased morbidity, which refers to having a disease, or being unhealthy, and a lower death rate.

It’s an innovative idea, one that could well be considered to be on the cutting edge of science and medicine. It may also be thought to be off-the-wall, but when attempting to find treatment or therapies for dealing with traumatic brain injuries (TBI), any and all routes are worth taking a look at. At least that is what a team of Rhode Island researchers are thinking.

TBI is more prevalent than we think. Every 60 seconds, four Americans sustain a brain injury. Every five minutes, one person is permanently disabled due to a TBI. Research that assists in dealing with the results of this type of injury is ongoing, and some inroads have been made. However, for the most part, medical personnel still have their hands tied when it comes to managing the symptoms of a swollen brain and neuron damage. It clearly becomes a case of holding down the fort and hoping for the best.

Rhode Island is not the only U.S. location doing this study. It is underway nationally in at least 40 other sites, with the intention of determining if the progesterone, combined with the usual method of caring for head traumas, which is largely supportive, works better than just the usual treatment protocol. There are at least 800 patients currently in the trial, and even though there are some side-effects, such as infusion site inflammation, clotting and possible pulmonary embolism, the future is beginning to look a bit brighter for TBI patients. All hope is welcome.

If Rhode Island researchers are right, and can prove what they are seeing on a larger scale, there may be even more hope for someone with a brain injury. The ProTECT study is being carried on in a small room in the Rhode Island Hospital, led by an E.R. doctor. The “Pro” part stands for progesterone, which, according to the American Fertility Association, “is a hormone that is released by the ovaries and is important for menstrual function and pregnancy.”

The rationale behind this exercise is that progesterone exists, naturally, in women and men. The difference here is that the particular progesterone the team is working with is not derived from humans. It comes from a yam.

Tests on animals have demonstrated that the yam-based progesterone decreased brain swelling. The benefits were deemed so great that it was then tried on humans — one trial a world away in China and another in Atlanta, Georgia. The results have been extremely encouraging. They all demonstrated a decreased morbidity, which refers to having a disease, or being unhealthy, and a lower death rate.

Rhode Island is not the only U.S. location performing this study. It is underway nationally in at least 40 other sites, with the intention of determining whether the progesterone, combined with the usual method of caring for head traumas, works better than just the usual treatment protocol. At least 800 patients are enrolled in the trial, and even though there are some side effects, such as infusion site inflammation, clotting, and possible pulmonary embolism, the future is beginning to look a bit brighter for TBI patients. 

TBI is more prevalent than you may think. Every 60 seconds, four Americans sustain a brain injury. Every five minutes, one person is permanently disabled due to a TBI. Research that assists in dealing with the results of this type of injury is ongoing, and some inroads have been made. However, for the most part, medical personnel still have their hands tied when it comes to managing the symptoms of a swollen brain and neuron damage. All help is welcome.

A police spokesman said in a statement that a 911 call was received wherein the caller stated that a pickup truck was repeatedly and aggressively hitting a Toyota Highlander from behind for unknown reasons. The call came in just after midnight.

According to the transcript of the 911 call, the couple in the Highlander said that the truck had been following them for some time, and that he repeatedly turned his headlights off and on, and continued to ram into the back of their vehicle.

Then, according to police, the driver of the pickup truck attempted to pass the Highlander, and crashed head on into an SUV in oncoming traffic. The crash can be heard on the recording of the 911 call. The caller stated that the man, “just hit somebody head-on going about 70 miles an hour.” Both the driver of the pickup and the SUV died during the collision.

The pickup was reportedly also carrying two female passengers, both of whom were taken to a local hospital for treatment of non-life threatening injuries.

There are several different things going on here. First and foremost, if the statements regarding his driving are true, the driver of the pickup was operating his pickup in a reckless manner. By intentionally and repeatedly slamming into the car in front of him at highway speeds, he was putting not only the individuals in the Highlander at risk, but also his passengers, and anyone else on the road for that matter. This behavior seems to strongly indicate that he was not operating his truck in the way that a reasonably prudent (careful) person would do, which is a requirement in establishing a negligence claim. Therefore, all of those individuals directly affected by this recklessness would have a strong claim against the driver (his estate) for any personal injury or property damaged that his actions caused.

Secondly, and unfortunately tragically, the reckless driving led to a subsequent decision to attempt to pass the Highlander, and resulted in a head on collision with the driver of the SUV. Literally but for his reckless driving, the young woman who was driving the SUV would still be alive, likely meeting the standard for a wrongful death claim. Wrongful death claims attempt to compensate families for the loss of love and companionship of their loved one. Additionally, if the person was working at the time, there can sometimes be a claim for the lost wages, and also in some cases for funeral and other related expenses.

If you or a loved one have been injured or killed in a car accident due to another individual’s negligent driving, consult an experienced Atlanta car accident attorney as soon as possible. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Multiple Fatalities in Church Bus Collision, including Atlanta Truck Driver, Atlanta Personal Injury Lawyer Blog, published October 2, 2013

Incredibly Tragic Accident in Douglasville on I-20 Involving Several Children, Atlanta Personal Injury Lawyer Blog, published September 26, 2013

The accident happened when a church bus reportedly crossed over the median of the interstate and collided with two other vehicles, a tractor trailer and an SUV, travelling in the opposite direction. Police officers said in a statement that the bus crossed over the median after its front left tire exploded. The bus became overturned, and the tractor trailer caught fire.

A Highway Patrol spokesperson reported that eight people had died in the crash, two of whom were on the bus, one was in the tractor-trailer (presumably the driver), and one in the SUV. Of the fourteen individuals injured, twelve were transported to local hospitals for treatment. Eight of the victims were in critical condition, two were in serious condition, and four were in stable condition. The bus was reportedly transporting a group of senior citizens, who were returning from a church-sponsored Jubilee event.

Prior to the collision, the SUV was carrying three individuals,  the tractor trailer one, and the bus had eighteen. Authorities stated that they will continue to investigate into the collision, and will examine specifically the qualifications of the bus driver, and inspections regarding the condition of the bus.

This accident, although incredibly tragic, provides the rare potential opportunity to discuss when collisions are truly accidents. The actual determination of cause and fault are yet to be determined, and will be arrived at based upon the objective analysis of the evidence left behind. With that caveat in place, we can hypothetically examine various alternatives that may have transpired here.

Though not typically the case, there is the potential that this was truly an accident. In most cases, accidents are caused because one driver was at fault in some way or another. Here, however, police reported that the reason the bus crossed the median line was because the tire exploded. If the bus driver and the company chartering the bus kept it in good condition, and inspected regularly to determine the state of the tires, and the tire inexplicably exploded, then it may truly have been an accident, although incredibly tragic. Additionally, if the tire popped due to a nail in the road, then it would also qualify as a true accident, unless an unrelated third party is blameworthy for negligently leaving debris in the roadway.

Alternatively, and more likely in a majority of real collisions, there was some sort of negligence, perhaps in the maintenance of the bus, that lead to the tire exploding during traveling. Examples of potential negligence include putting off regular maintenance, ignoring recommended mileage limitations, etc. Essentially, a failure of reasonable care and maintenance of the bus could potentially amount to the necessary level of culpability required in order to successfully prove liability in a negligence lawsuit.

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney as soon as possible. Timing is particularly important when you are involved in an accident as complex as this one, since evidence will need to be gathered regarding various vehicles. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Contact us today in order to schedule your free initial consultation, and find out how we can help you secure the compensation you deserve. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Incredibly Tragic Accident in Douglasville on I-20 Involving Several Children, Atlanta Personal Injury Lawyer Blog, published September 26, 2013

Police Continue Investigation Into Fatal SW Atlanta Car Accident, Atlanta Personal Injury Lawyer Blog,  published September 20, 2013

The 68-year-old woman was driving her Honda Accord when she stopped or slowed down near the traffic light. Police said that shortly thereafter a Ford Taurus slammed into the back of the woman’s vehicle at a high rate of speed.

The collision caused the woman to incur severe injuries and also caused a small fire to erupt in the car. Attempts to free the woman from the flaming vehicle by nearby civilians were unsuccessful. Fire crews eventually freed the woman from her car, but she later died at the hospital as a result of her injuries.

Atlanta police have not released information regarding the driver of the Taurus, nor whether he will face any charges.  He was reportedly injured in the accident, though not severely.

Unfortunately, while the exact facts regarding the collision have not yet been released, it appears as though the second driver may have been distracted or otherwise not paying attention to the road. This seems to be the most plausible explanation for why he would slam into the already stopped car in front of him at such a high rate of speed. Collisions where one vehicle is already stopped and the second vehicle, be it car or truck, crash at full speed often, if not always, result in fatality.

Georgia law holds liable any party that breaches a legal duty which results in personal injury. Negligent motorists are subject to liability when their reckless driving results in an accidental injury or death. The fault attaches due to the fact that this failure to exercise due caution was the direct cause of harm.

Additionally, and potentially relevant in this case where a fire was ignited, auto makers can be held liable when a defective vehicle or part injures the consumer. Examples of potential products liability cases against manufacturers include claims of a flaw in the product’s assembly, model, or design. Whatever the problem, manufacturers are strictly liable when they fail to repair the defect or warn consumers of attendant dangers.

Serious crashes involving multiple parties and insurers require legal acumen and advocacy in order to ensure the best potential outcome. If you have been injured, or a loved one has been killed, in a car accident caused by another person’s negligent conduct, you should contact an experienced Atlanta car accident attorney as soon as possible. Attorney Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience,  skilled at representing individuals and families who have been injured in Atlanta and elsewhere in Georgia as a result of the negligent or reckless driving by others. Contact us today to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Cobb County Car Accident Could See Wrongful Death Suit in Addition to Criminal Charge, Atlanta Personal Injury Lawyer Blog, published September 13, 2013

12 Year Old Boy Hurt in Southwest Atlanta Pedestrian Accident, Atlanta Personal Injury Lawyer Blog, published September 6, 2013

Police said the Florida woman failed to stay in her lane, which resulted in her sideswiping a truck, causing it to veer off of the road and then overturn. The driver of the truck was transported by helicopter to a local hospital in critical condition. Sadly, the man’s wife, a passenger in the vehicle, died at the scene.

The Florida woman was reportedly arrested at the scene and taken to the local detention center, where she was charged with second degree vehicular homicide and failure to maintain lane.

The charges in this case stem from the driver’s reported failure to stay within her own lane, which led to her collision with the victims’ vehicle.

Georgia law reads:

Any person who causes the death of another person, without an intention to do so, by violating any provision of this title […] (i.e. traffic laws), commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death…

Punishment for second degree vehicular homicide probably carries a lighter penalty than many Georgians might think. As a misdemeanor offense,  it is punishable by imprisonment or other confinement for up to one year, a fine of up to $1,000.00, or both. It seems like a slap on the wrist when compared with the human life lost as result of the negligent driving.

However, the vehicular homicide charges, and potential conviction, relate only to the criminal nature of the driver’s conduct. If you have been hurt, or a loved one has been killed as a result of another individual’s negligent driving, you likely have a separate civil claim for either personal injury or wrongful death, as the circumstances of your car accident indicate. While a criminal prosecution is intended to punish a wrongdoer, a civil lawsuit’s purpose is to compensate the victim or the victim’s family for their losses.

By successfully proving that the other driver was both negligent, and therefore proximately caused your injuries or loss, you could potentially recover compensation for things such as hospital bills, medical expenses, lost wages at work, or lost wages from the deceased individual, loss of companionship, and in some cases funeral expenses. Your Atlanta car accident attorney can fully advise you regarding what a potential recovery might include.

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney as soon as possible. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

12 Year Old Boy Hurt in Southwest Atlanta Pedestrian Accident, Atlanta Personal Injury Lawyer Blog, published September 6, 2013

Incredibly Tragic Accident Kills 16 Year Old Pedestrian, Atlanta Personal Injury Lawyer Blog, published August 27, 2013

While the exact circumstances surrounding the accident have not been reported, apparently the boy ran into the street, and while the driver swerved to avoid hitting him, the car still collided with the boy. He was subsequently transported to a local children’s hospital in critical condition.

According to police, when they arrived at the scene the boy was still breathing but not alert, and he suffered serious head injuries.

Police also reported that the driver was not at fault, and that she will not face charges.

While it appears as though the driver was not at fault in this case based upon police reports, this is not true in many cases where pedestrians are seriously injured.

Oftentimes, drivers, particularly in residential areas, may be responsible for causing accidents when they engage in negligent or reckless driving. Negligent driving occurs when an individual operates their vehicle in a manner that is not in accordance with how a reasonably prudent (or safe) driver would.  Typical examples of failing to meet this minimum standard include things such as the following:

• Speeding
• Failure to yield
• Handheld cellphone or other device use, whether texting, talking, browsing the internet, reading emails, etc.
• Driver fatigue
• Driver Intoxication

However, pedestrians can potentially run into issues with Georgia’s comparative negligence law. This law states that if your own actions are found to be 50% or more responsible for causing your accident, you will be barred completely from receiving any compensation for your damages. If, however, you are found to be less than 50% liable for your accident, you can recover, but your final settlement will still take into account your relative amount of fault and deduct it from your award. For example, if you fail to look both ways before crossing the street, and you attempt to walk  just as a car is approaching, you may be at least partially at fault when it comes to determining liability at trial. Your Georgia car accident attorney will be able to fully advise you regarding the nuances and potential limitations of this rule. Therefore, it is imperative that even if you believe you may have been partially to blame, you consult with an attorney in order to determine your rights, and decide on a plan of action.

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience in representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. We are dedicated to treating our clients with the highest standards of quality and ethical representation. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Incredibly Tragic Accident Kills 16 Year Old Pedestrian, Atlanta Personal Injury Lawyer Blog, published August 27, 2013

Old Atlanta Road Crash Ends Tragically, Atlanta Personal Injury Lawyer Blog, published August 19, 2013

Authorities say the boy had been riding his skateboard on the way to school when it suddenly slipped out from under his feet and shot into the street. When he went into the road to get it, he was hit by three different vehicles.

The first vehicle was described by witnesses as a gray or silver Honda sedan, then a Ford Ranger, and finally a Chevy Tahoe. Police said only the driver of the Ford Ranger stopped after the accident. The driver of the Tahoe reportedly contacted police later on, and claimed that he thought he had hit a deer. Neither the driver of the Ranger or Tahoe will face charges.

According to authorities, the driver of the Honda, however, will be charged once the individual is found. Authorities believe it is unlikely that the driver of the Honda was unaware that they had hit something, and that the car likely sustained front end damage from the impact.

Georgia takes hit and run accidents incredibly seriously. State law creates an affirmative duty for drivers to stop their vehicles, and attempt to secure medical assistance for the victims that they have hit; a failure to do so carries harsh penalties:

If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. O.C.G.A. 40-6-270 (2010)

Although hit and run charges are a criminal law matter, the driver who caused the accident is likely subject to a civil suit as well. The nature of liability depends on the way in which the accident was caused, focusing particularly on how the individual was driving at the time of the accident. Drivers must not operate their vehicles in a manner that creates an unreasonable risk of harming other drivers or pedestrians on the road. A failure to comply with this basic standard could provide liability under a negligence lawsuit.

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney as soon as possible. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Two DeKalb Police Officers involved in Serious Car Accidents within Two Week Span, Atlanta Personal Injury Lawyer Blog, published August 12, 2013

Tragic Rollover Crash on I-85 in Duluth Ends in Tragedy, Atlanta Personal Injury Lawyer Blog, published July 29, 2013

The two-car accident occurred when the young girl’s mother was headed southbound on Old Atlanta Road near Estates of Old Atlanta subdivision when she apparently lost control while on a curve. Her car traveled into the southbound lane and struck a Honda Odyssey. The mother was pronounced dead at the scene. Another passenger, an 11 year old family friend, was taken to the hospital for treatment of non-life threatening injuries to her face.

The driver of the Honda Odyssey was taken to a local hospital with non-life threatening injuries. A seven year old passenger in the van was transported to the hospital for treatment of a broken arm.

Investigators believe that the rainy weather conditions were a contributing factor in the crash.

Sadly, this tragedy is just one of many reported recently whereby at least one individual was killed as a result of a vehicle crossing over into oncoming traffic.

Although it was not reported in this case, in many collisions, crossing over the yellow line occurs when a driver is engaging in distracted driving.

Distracted driving occurs whenever a driver diverts his or her attention from the most important task at hand: driving itself. While the possibilities are potentially endless for what could distract a driver, the most common culprits are activities such as the following:

• Handheld cell phone use
• Personal grooming, such as applying makeup
• Interacting with passengers, whether friends, children, etc.
• Eating or drinking
• Adjusting the radio, music, or other device

Georgia law currently prohibits all drivers from texting while driving, and handheld cellphone use is prohibited while driving for all bus drivers and novice drivers. The legislature recently rejected a more far-reaching distracted driving law, which would have prohibited other distracted activities, such as eating, grooming, and writing while driving. According to distraction.gov, an estimated 10% of collisions in 2011 were believed to be caused as a result of distracted driving, and with the increased use of smartphones, that number is likely to increase.

The reason for the collision is relevant because it can provide a basis for liability. If the driver responsible for causing the collision was distracted, this can provide a foundation for a negligence lawsuit. Negligence claims that the driver was not driving in a manner that a reasonably prudent (safe) driver would have, and that this failure resulted in causing harm to the plaintiff (person bringing the lawsuit).

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience in representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Our firm is dedicated to treating our clients to the highest ethical standards, and treating each client with the personal attention and highest quality representation that they deserve.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Two DeKalb Police Officers involved in Serious Car Accidents within Two Week Span, Atlanta Personal Injury Lawyer Blog, published August 12, 2013

Tragic Rollover Crash on I-85 in Duluth Ends in Tragedy, Atlanta Personal Injury Lawyer Blog, published July 29, 2013

The collision occurred in DeKalb County at the intersection of Candler and Glenwood Avenue.

Police reported that they did not know how the accident occurred. It was unclear whether someone had run a red light, or whether they simply were not paying attention.

The end result was the police cruiser T-boning into a white sedan, sending both drivers to the hospital with moderate injuries. An investigation into the cause is ongoing.

Just two weeks after the Glenwood Avenue accident, another DeKalb County police officer died in a car accident while attempting to locate a motorist who fled a traffic stop.

The officer in that case had pulled a driver over for a traffic stop, and then began pursuing the driver when the individual sped off. The officer’s patrol car then ran off of the road and hit a tree at around 2:45 in the morning.

The driver was later arrested and charged with  felony murder, reckless driving and theft by receiving a stolen vehicle.

While the end result of the second case is tragic, unfortunately law enforcement and other first responders often have to speed as a part of their work. This means that they have to put not only themselves but also other motorists on the road at increased risk of collision.

While not necessarily the case here, speed can oftentimes provide the basis for liability in a car accident lawsuit which is based upon negligence. That is because a showing of negligence requires that the plaintiff (i.e., the person bringing the lawsuit) demonstrate that the individual responsible for causing the car accident was driving in a manner that was not in accordance with how a reasonably prudent driver would do so. Additional types of negligent driving may include aggressive driving, failure to observe relevant stop signals, and failure to yield.

Additionally, it is worth noting that even if a driver is arrested, or even convicted, of offenses related to the accident, these criminal claims remain separate from potential liability for civil claims.

If you or a loved one has been injured or killed as a result of another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen M. Ozcomert is an experienced Atlanta area car accident attorney with over two decades of experience. This experience includes years of successfully representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. We will treat your case with individual attention at the highest standards of quality and ethics. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Tragic Rollover Crash on I-85 in Duluth Ends in Tragedy, Atlanta Personal Injury Lawyer Blog, published July 29, 2013

I-75 Accident Leads to Serious Injury of 5 Passengers Ejected From Vehicle, Atlanta Personal Injury Lawyer Blog, published July 22, 2013

The woman was running errands with her husband and their two young children in the family’s SUV on I-85 when the collision occurred.

Police say the accident occurred when a tractor-trailer forced the family’s SUV out of its lane and into a box truck traveling next to them. The force of the initial impact was so great that the SUV then flipped several times and travelled over the guardrail before coming to rest on the on-ramp at Steve Reynolds Boulevard.

The woman was ejected from the SUV, and later died as a result of her injuries. The children were transported to the local children’s hospital, and were accompanied by their father.

Authorities revealed that the driver of the tractor-trailer did not stop at the scene of the accident. Luckily, however, the driver was later tracked down in Cobb County, and was interviewed by police. Police reported that the crash is still under investigation and it remains unclear what, if any, charges will be filed.

Under Georgia law, drivers are held liable for the collisions that they cause when they breach a legal duty. For example, negligent drivers are subject to liability when their reckless driving results in accidental injury. These drivers are deemed to be at fault because their failure to exercise due caution directly resulted in harm. Common examples of this sort of liability arise in situations where drivers are speeding excessively, are intoxicated, drive aggressively, fail to yield, or drive in other ways which are not in accordance with how a typical safe driver might proceed.

In this case, there seems to be evidence that the truck that initially nicked the SUV may have been at fault. While it is unclear why the initial collision occurred, fatigue is a common reason that truck drivers become involved in collisions. When truck drivers are to blame for causing accidents, the individuals whom they injure could potentially have a claim against their employer. Potentially recoverable expenses include things such as hospital or other medical bills, future lost earnings, pain, suffering, anguish, lost relationship, reasonable funeral expenses, etc. An experienced Atlanta car accident attorney can fully advise you regarding the potential recovery to which you may be entitled as a result of your collision.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Pedestrian Believed to be Reason for 7 Car Collision on I-75 Outside Atlanta, Atlanta Personal Injury Lawyer Blog, published July 8, 2013

Motorcycle Fatalities Are On the Rise Across the Nation, Atlanta Personal Injury Lawyer Blog,published June 28, 2013

Bikers know the risks and yet they still take them every time they hop on their ride. Some wear protective gear and helmets, some wear flip-flops and baseball caps. The outcome in the event of an accident may be death in both instances, protective gear or not. Such was the case of a Georgia man who was hit broadside by a car, causing his bike to explode in a ball of flames. He never stood a chance, protective gear or not.

The driver who broadsided him ran a yield sign going far faster than the posted speed limit. She saw the biker, but thought she had enough time to make it across the intersection. Thanks to an inability to accurately judge the bike’s size and speed (and she may have been drinking), the woman blew the sign, killing the 29-year-old father of two children. The road was shut down for several hours while an accident reconstruction team and clean up crew attempted to piece together how the biker lost his life.

Another biker who arrived on the scene shortly after the accident knew instantly there was nothing he could do to help the other man. It was one of the worse collisions he had ever seen, he said, with high flames engulfing the bike. The man’s family would miss him greatly.

In situations like this one, the family of the biker may well wish to speak directly to an experienced personal injury attorney. They need to know their legal rights, what may happen if they choose to file a wrongful death lawsuit and get an idea of what may happen should the case go to court, or an offer of settlement is made by the driver’s insurance company.

Another factor to consider in similar cases is whether or not the police will lay charges. If they do and the driver ends up doing jail time for a criminal offense, a wrongful death lawsuit may be filed after the time is served, as the criminal charges take precedence over a civil lawsuit. It is best to seek legal advice in situations like this, as each case is different and thus the way it would be handled will differ.

Learn more at http://www.ozcomert.com/

Among the victims, a 14 year old girl was killed and five additional members of her family, which included two infants, were injured.

According to a police spokesperson, the accident occurred slightly before noon, when a Ford Expedition lost control, causing it to strike the center guardrail, and then spun back into traffic hitting at least one other vehicle. Five of its seven passengers were then ejected from the vehicle. Authorities reported that their preliminary investigation revealed that the individuals were not properly restrained. The young girl was announced dead at the scene.

Of those ejected, a four year old girl suffered multiple fractures. Twin two month old children suffered severe head injuries. According to police the children are receiving treatment at the local children’s hospital for treatment.

The other passengers included a 16 year old girl being treated for serious injuries, and a 30 year old female passenger being treated for non life-threatening injuries.

The 19 year old female driver was reportedly not injured. The crash remains under investigation, but police believe that speed and weather played a role. Investigators reported that the driver was related to all of the injured passengers. According to authorities, charges are pending against the driver.

While the exact details surrounding the accident remain unreported, one of the distinguishing features of this accident is the readily apparent potential negligence claims. For example, the fact that two month old infants and a four year old girl were ejected from the vehicle suggests that there may be legally negligent behavior surrounding the manner in which they were improperly restrained.

In Georgia, automobile accidents are the leading cause of death and injuries for children ages one to 12 years.  In 2009 alone,  1,314 children were killed and 179,000 were injured across the country. According to the National Highway Traffic Safety Administration (NHTSA), four out of every 10 children under six who die or are seriously injured in auto accidents were unrestrained or improperly restrained. Georgia Law requires that children sit in the back seat of a vehicle, and further requires a car seat or booster seat suitable for height and age for all children under the age of eight. Therefore, the improper use of car seats, or other required restraints for these young children could potentially provide the basis for a negligence claim against the driver for the injuries they suffered. Additionally, the manner in which the driver was operating the vehicle in general could provide the basis for a claim. Factors considered in negligence cases include the speed at which the driver was traveling, considering the relevant traffic and weather conditions, and cause for the loss of control, among others.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with the Law Office of Stephen M. Ozcomert Immediately. Attorney Ozcomert has over 20 years of experience as a car accident attorney, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Pedestrian Believed to be Reason for 7 Car Collision on I-75 Outside Atlanta, Atlanta Personal Injury Lawyer Blog, published July 8, 2013

Motorcycle Fatalities Are On the Rise Across the Nation, Atlanta Personal Injury Lawyer Blog, published June 28, 2013

According to reports, the accident happened at around 1 in the morning Friday, and involved four vehicles. These included a Ford Escape, a pick-up truck, a Jeep, and a tractor-trailer.

Police stated that based upon their initial investigation, they believe that the cause of the accident may have been when a pick up truck turned left into the path of a tractor-trailer heading northbound. Sadly, the driver and passenger of the pick up were killed, and another individual died as a result of the chain reaction accidents.

The northbound lanes of Highway 365 near the accident site remained closed to traffic for almost nine hours. The main task in clearing the roadway was righting the overturned tractor-trailer, which entailed unloading part of its frozen chicken product cargo.

The area where the crash occurred is apparently a busy intersection, with several residents reporting that a traffic signal was installed recently.

While the reported facts are limited in this case, it seems that the cause of the accident, and the resulting chain reaction accidents, was the pick up turning left without sufficient time for it to make the turn, or for the tractor-trailer to stop. Large trucks cause extensive damage due to their immense size and inability to stop in the case of  sudden changes in the roadway, such as in this case.

A common type of lawsuit in car accidents, such as this one, is brought under a theory of negligence. By definition, this means that the plaintiff (person bringing the suit) must show that the person who caused the accident was driving his or her car in a way that was not in accordance with what a reasonably prudent person would do. Common examples of driving in this manner include when drivers speed excessively, drive aggressively, engage in distracted driving, fail to observe relevant traffic laws or right of way, etc. A successful claim also requires a showing that it was this negligent behavior which actually caused the accident, and subsequent injury or other damages to occur.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert has extensive experience in representing victims of car accidents and their families. He boasts more than 20 years of experience as a personal injury attorney in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Pedestrian Believed to be Reason for 7 Car Collision on I-75 Outside Atlanta, Atlanta Personal Injury Lawyer Blog, published July 8, 2013

Motorcycle Fatalities Are On the Rise Across the Nation, Atlanta Personal Injury Lawyer Blog, published June 28, 2013

Consider the case of a Georgia trucker who pled guilty to five counts of involuntary manslaughter. He was barreling down the highway, heading east. Directly in front of him was a line of stopped cars, waiting for another accident scene to be cleared. The man had been on the road too long and was fatigued to the point where he drifted in and out while behind the wheel. The driver had his foot to the pedal doing 70 mph when he slammed into the line of cars. Five died. The trucker may do five years or more in jail.

It was one of those accident scenes that no one ever wants to see again. It also raised a contentious debate about big rig driver fatigue and the adherence to federal regulations —- often more honored in the breach than in reality. This particular accident is one of hundreds that happen every year. In fact, statistics released by the National Highway Traffic Safety Administration suggest that close to 80,000 suffered serious injuries in truck accidents in 2010. Of that number, more than 3,500 died. The cause of most of these accidents? Apparently, driver fatigue is the culprit in at least 13 percent of the big rig wrecks —- those numbers courtesy of the Federal Motor Carrier Safety Administration (FMCSA).

The number killed on highways by truckers drifting off has sparked the FMCSA to further restrict the time truckers are allowed to spend driving. Now, they are mandated to take 34 hours of down time, per week, which would include two nights off in a row, and a limit of 11 hours driving. While this kind of industry regulation likely makes good sense and could reduce the chance of horrific crashes, the trucking industry does not like it. They say it would cost them money, about $470 million/year, delay product delivery and end up with more big rigs on the road during peak traffic times. Nowhere do they mention driver safety or the safety of others on the road.

Those whose life is dedicated to safety on the roads think the newer rules do not go far enough to protect others sharing the highways, and can see some loopholes that companies may use to circumvent the restrictions. And so safety comes full circle with advocates on one side of the fence tightening rules, but leaving loopholes and truckers and their employers striving for more hours, not less, to make money and deliver product expeditiously. Who wins?

Certainly not the car driver who gets into a crash with an 80,000-lb. rig gone out of control because the trucker fell asleep at the wheel. If you have been in an accident involving a semi, contact a personal injury attorney for help. If you want compensation, these multi-jurisdictional accidents need an experienced injury attorney to speak for you in court.

Learn more at http://www.ozcomert.com/

A spokesperson for the Clayton County Police department released a statement to one newspaper, regarding the cause of the seven car collision. Authorities believe that the initial cause of the crash was a pedestrian walking onto Interstate 75. The pedestrian was reportedly taken for treatment to a nearby hospital  in critical condition.

At around 3 in the morning following the Fourth of July holiday, the first car accident occurred when a car struck the pedestrian, leading to a chain reaction that ended up involving a total of seven vehicles.  According to police, six of the drivers in the accident have since been charged with drunk driving. Five of those drivers were reportedly taken to jail, and the sixth was taken to the hospital for treatment. The pedestrian was subsequently charged with pedestrian in the road way.

The accident continues to be under investigation. It remains unknown why the pedestrian was in the roadway.

This accident is illustrative of two distinct principles. First, the pedestrian’s unlawful presence on the highway is an example of a potentially actionable negligence claim. The fact that it is unlawful to be in the roadway is effectively evidence of its dangerousness, for precisely the damages it allegedly caused. Therefore, the drivers involved in the collision could potentially bring a claim against that individual.

Secondarily, it is incredibly curious that six of the seven drivers were all charged with drunk driving. It begs the question of whether the drivers would have avoided the collision had they not been driving under the influence. Additionally, had the accident not occurred, would they have been involved in distinct collisions? Aside from those hypotheticals, clearly operating a motor vehicle under the influence is not only incredibly dangerous, but is also unlawful. Individuals who are involved in an accident with drivers under the influence have the very strong potential for a successful negligence claim. A successful case could mean recovery not only for damage to the car, but also for any resulting medical treatment, injuries, and lost wages at work. An experienced Atlanta car accident attorney can fully inform you regarding your rights following a car collision, and can recommend how best to proceed.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Fleeing Suspect Totals a Half Dozen Cars in Northwest Atlanta, Atlanta Personal Injury Lawyer Blog, published June 28, 2013

Street Racing Mother Causes Tragic and Secondary Accident in Conyers, Atlanta Personal Injury Lawyer Blog, published June 24, 2013

A spokesperson for the Clayton County Police department released a statement to one newspaper, regarding the cause of the seven car collision. Authorities believe that the initial cause of the crash was a pedestrian walking onto Interstate 75. The pedestrian was reportedly taken for treatment to a nearby hospital  in critical condition.

At around 3 in the morning following the Fourth of July holiday, the first car accident occurred when a car struck the pedestrian, leading to a chain reaction that ended up involving a total of seven vehicles.  According to police, six of the drivers in the accident have since been charged with drunk driving. Five of those drivers were reportedly taken to jail, and the sixth was taken to the hospital for treatment. The pedestrian was subsequently charged with pedestrian in the road way.

The accident continues to be under investigation. It remains unknown why the pedestrian was in the roadway.

This accident is illustrative of two distinct principles. First, the pedestrian’s unlawful presence on the highway is an example of a potentially actionable negligence claim. The fact that it is unlawful to be in the roadway is effectively evidence of its dangerousness, for precisely the damages it allegedly caused. Therefore, the drivers involved in the collision could potentially bring a claim against that individual.

Secondarily, it is incredibly curious that six of the seven drivers were all charged with drunk driving. It begs the question of whether the drivers would have avoided the collision had they not been driving under the influence. Additionally, had the accident not occurred, would they have been involved in distinct collisions? Aside from those hypotheticals, clearly operating a motor vehicle under the influence is not only incredibly dangerous, but is also unlawful. Individuals who are involved in an accident with drivers under the influence have the very strong potential for a successful negligence claim. A successful case could mean recovery not only for damage to the car, but also for any resulting medical treatment, injuries, and lost wages at work. An experienced Atlanta car accident attorney can fully inform you regarding your rights following a car collision, and can recommend how best to proceed.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Fleeing Suspect Totals a Half Dozen Cars in Northwest Atlanta, Atlanta Personal Injury Lawyer Blog, published June 28, 2013

Street Racing Mother Causes Tragic and Secondary Accident in Conyers, Atlanta Personal Injury Lawyer Blog, published June 24, 2013

State by state, the number of bikers meeting their death on the road is on the rise. In fact, one state, Indiana, recently completed a comprehensive survey of the number of motorcycle accidents in 2012.

In 2011, 118 were killed on the road. In 2012, that number was 152 – a cause for concern for traffic safety officials in Indiana, but also a bellwether for other states. Across the nation the death toll for bikers was 2,850 in 2011 and 2,935 in 2012.

There are several things at the top of the list when it looking at what causes motorcycle accidents. The most likely culprit is alcohol consumption, either by the bike rider or by an automobile or tuck driver who hits them. Another issues which causes the majority of accidents is motorcycle riders who hit the road while not legal to ride – they took no training and had no proper motorcycle endorsement on their license. They just hopped on their ride and took it out on the road.

With the price of gas slowly creeping up in response to the warmer weather, more people are opting to buy motorcycles, because they are easy on gas, compact, responsive, take up less space and go fast – all factors that make them virtually sitting ducks on the road. Drivers just do not see them.

While it is a fact that bikers may be their own worst enemy when it comes to riding safely, other statistics show that the cause of most accidents between a biker and another vehicle is the driver making a sudden and unexpected move in front of the motorcycle rider. For instance, a left hand turn, a lane change without looking or crossing right in front of an oncoming rider.

It has also been recently demonstrated that drivers have a poor sense of judgment when it comes to determining how fast a biker is going and how much time they have to drive in front of them. This has something to do with the brain’s spatial abilities.

Riders that have been involved in an accident with another vehicle and survive the injuries need expert legal counsel to obtain fair and just compensation. If you have been injured in a Georgia motorcycle accident, contact an Atlanta personal injury attorney for help.

Stephen M. Ozcomert is an experienced motorcycle accident lawyer in Atlanta Georgia. To learn more, visit http://www.ozcomert.com/ or call (404)-370-1000.

State by state, the number of bikers meeting their death on the road is on the rise. In fact, one state, Indiana, recently completed a comprehensive survey of the number of motorcycle accidents in 2012.

In 2011, 118 were killed on the road. In 2012, that number was 152 – a cause for concern for traffic safety officials in Indiana, but also a bellwether for other states. Across the nation the death toll for bikers was 2,850 in 2011 and 2,935 in 2012.

There are several things at the top of the list when it looking at what causes motorcycle accidents. The most likely culprit is alcohol consumption, either by the bike rider or by an automobile or tuck driver who hits them. Another issues which causes the majority of accidents is motorcycle riders who hit the road while not legal to ride – they took no training and had no proper motorcycle endorsement on their license. They just hopped on their ride and took it out on the road.

With the price of gas slowly creeping up in response to the warmer weather, more people are opting to buy motorcycles, because they are easy on gas, compact, responsive, take up less space and go fast – all factors that make them virtually sitting ducks on the road. Drivers just do not see them.

While it is a fact that bikers may be their own worst enemy when it comes to riding safely, other statistics show that the cause of most accidents between a biker and another vehicle is the driver making a sudden and unexpected move in front of the motorcycle rider. For instance, a left hand turn, a lane change without looking or crossing right in front of an oncoming rider.

It has also been recently demonstrated that drivers have a poor sense of judgment when it comes to determining how fast a biker is going and how much time they have to drive in front of them. This has something to do with the brain’s spatial abilities.

Riders that have been involved in an accident with another vehicle and survive the injuries need expert legal counsel to obtain fair and just compensation. If you have been injured in a Georgia motorcycle accident, contact an Atlanta personal injury attorney for help.

Stephen M. Ozcomert is an experienced motorcycle accident lawyer in Atlanta Georgia. To learn more, visit http://www.ozcomert.com/ or call (404)-370-1000.

Sometime around two o’clock in the morning, police officers attempted to stop a motorist who was driving without headlights, but instead of acquiescing, the driver reportedly decided to flee. While officers initially gave chase, they soon called it off due to the incredibly high speeds the suspect was driving, just before he slammed into at least six parked cars, and then crashed into a house. The man attempted to continue to run on foot, but he was caught a few blocks away, and subsequently taken to a local hospital for the treatment of his injuries.

The man was charged with several different crimes, and according to authorities has somewhat of an extensive criminal history. It seems as though the car that the man was driving may have been stolen.

This type of car accident is clearly out of the ordinary in comparison with the typical sorts of auto collisions which cause damage. However, the liability of the driver who caused the damage is no different. Car accident lawsuits are typically filed on the basis of negligence. In other words, proving that an individual was negligent means demonstrating both that they acted in a way which was not in accordance with what the reasonably prudent driver would do, and also that this failure to act reasonably was the direct cause of the harm.

Here, the man’s actions may not only be considered negligent, in failing to observe traffic laws (speeding), failing to obey law enforcement officials (fleeing), and potential other actions, but they may even be considered reckless.

However, because the man was also involved in the commission of a crime, if not several, there may be potential issues related to recovery from insurance carriers. Many auto insurance policies will not cover accidents incurred by the holder of the policy if sustained while committing a crime. This means that if we assume that the man has a separate car insurance policy at all, it would potentially cover the damage caused, but may be held inapplicable due to the nature of the accident.

While the individual cars that were crashed into may be subject to coverage under their owners’s policies, just because the individual who caused the damage does not have insurance does not mean that he is not financially responsible. If you have been involved in a similar sort of auto accident, consult with an attorney in order to discuss you other potential means of holding those individuals who caused you harm responsible.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and your case will be handled in accordance with the high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Street Racing Mother Causes Tragic and Secondary Accident in Conyers, Atlanta Personal Injury Lawyer Blog, published June 24,103

Former NBA Player involved in Tragic Car Accident in Suburban Atlanta, Atlanta Personal Injury Lawyer Blog, published June 13, 2013

Sometime around two o’clock in the morning, police officers attempted to stop a motorist who was driving without headlights, but instead of acquiescing, the driver reportedly decided to flee. While officers initially gave chase, they soon called it off due to the incredibly high speeds the suspect was driving, just before he slammed into at least six parked cars, and then crashed into a house. The man attempted to continue to run on foot, but he was caught a few blocks away, and subsequently taken to a local hospital for the treatment of his injuries.

The man was charged with several different crimes, and according to authorities has somewhat of an extensive criminal history. It seems as though the car that the man was driving may have been stolen.

This type of car accident is clearly out of the ordinary in comparison with the typical sorts of auto collisions which cause damage. However, the liability of the driver who caused the damage is no different. Car accident lawsuits are typically filed on the basis of negligence. In other words, proving that an individual was negligent means demonstrating both that they acted in a way which was not in accordance with what the reasonably prudent driver would do, and also that this failure to act reasonably was the direct cause of the harm.

Here, the man’s actions may not only be considered negligent, in failing to observe traffic laws (speeding), failing to obey law enforcement officials (fleeing), and potential other actions, but they may even be considered reckless.

However, because the man was also involved in the commission of a crime, if not several, there may be potential issues related to recovery from insurance carriers. Many auto insurance policies will not cover accidents incurred by the holder of the policy if sustained while committing a crime. This means that if we assume that the man has a separate car insurance policy at all, it would potentially cover the damage caused, but may be held inapplicable due to the nature of the accident.

While the individual cars that were crashed into may be subject to coverage under their owners’s policies, just because the individual who caused the damage does not have insurance does not mean that he is not financially responsible. If you have been involved in a similar sort of auto accident, consult with an attorney in order to discuss you other potential means of holding those individuals who caused you harm responsible.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and your case will be handled in accordance with the high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Street Racing Mother Causes Tragic and Secondary Accident in Conyers, Atlanta Personal Injury Lawyer Blog, published June 24,103

Former NBA Player involved in Tragic Car Accident in Suburban Atlanta, Atlanta Personal Injury Lawyer Blog, published June 13, 2013

Johnny Felton Jr. was driving a truck for Dot Transportation along Interstate 55 outside of Litchfield, Illinois in November when he struck and killed officer Kyle Deatherage, who was 32 years old and the father of two small children. Montgomery County state prosecutors have charged Felton with reckless homicide and operating a tractor-trailer in violation of his driver’s license restrictions that prohibited him from operating a commercial vehicle outside the state of Georgia.

Deatherage’s widow has filed a wrongful death lawsuit against Felton’s employer, claiming that Dot Transportation must have been aware that Felton was not licensed to operate a commercial vehicle in Illinois and that Felton should not have driven the truck due to an unspecified medical condition. In January, the U.S. Department of Transportation issued a citation to Dot Transportation for knowingly permitting Felton to drive a commercial vehicle without a proper license.

According to Dot Transportation, Felton had held an interstate license for most of the five years he was employed by the company, but in July when he renewed his license, he checked a box for “intrastate” rather than “interstate,” thus unknowingly restricting his license. Dot Transportation is a wholly-owned subsidiary of Dot Foods, which is based in Mt. Sterling, Illinois and describes itself as the country’s largest food redistributor.

Dot Foods is seeking to transfer the wrongful death lawsuit from Madison County to Montgomery County, where the accident took place.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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State by state, the number of bikers meeting their death on the road is on the rise. In fact, one state, Indiana, recently completed a comprehensive survey of the number of motorcycle accidents in 2012.

In 2011, 118 were killed on the road. In 2012, that number was 152 – a cause for concern for traffic safety officials in Indiana, but also a bellwether for other states. Across the nation the death toll for bikers was 2,850 in 2011 and 2,935 in 2012.

There are several things at the top of the list when it looking at what causes motorcycle accidents. The most likely culprit is alcohol consumption, either by the bike rider or by an automobile or tuck driver who hits them. Another issues which causes the majority of accidents is motorcycle riders who hit the road while not legal to ride – they took no training and had no proper motorcycle endorsement on their license. They just hopped on their ride and took it out on the road.

With the price of gas slowly creeping up in response to the warmer weather, more people are opting to buy motorcycles, because they are easy on gas, compact, responsive, take up less space and go fast – all factors that make them virtually sitting ducks on the road. Drivers just do not see them.

While it is a fact that bikers may be their own worst enemy when it comes to riding safely, other statistics show that the cause of most accidents between a biker and another vehicle is the driver making a sudden and unexpected move in front of the motorcycle rider. For instance, a left hand turn, a lane change without looking or crossing right in front of an oncoming rider.

It has also been recently demonstrated that drivers have a poor sense of judgment when it comes to determining how fast a biker is going and how much time they have to drive in front of them. This has something to do with the brain’s spatial abilities.

Riders that have been involved in an accident with another vehicle and survive the injuries need expert legal counsel to obtain fair and just compensation. If you have been injured in a Georgia motorcycle accident, contact an Atlanta personal injury attorney for help.

Stephen M. Ozcomert is an experienced motorcycle accident lawyer in Atlanta Georgia. To learn more, visit http://www.ozcomert.com/ or call (404)-370-1000.

According to various reports, the woman was racing her Honda Accord, when she suddenly lost control of the vehicle, causing it to hit a guardrail, and then reverted back into oncoming traffic. The car was then hit by an oncoming pickup truck. Both of the passengers in the Honda were killed, and the woman was taken to the hospital for non-life threatening injuries.

Additionally, the accident led to a secondary collision, when another driver was attempting to slow to avoid the accident, and was hit from behind by another vehicle.

Unfortunately, due to the circumstances involved in this case, it is demonstrative of several different principles in Personal Injury Law and most notably probable negligence claims.

Taking the issues raised in this case and isolating them as facts in a hypothetical case, we have the driver’s decision to engage in a road race. Deciding to engage in this behavior is potentially negligent because it is considered to depart from the way in which a reasonably prudent (safe) driver would drive. In addition to the risk to those in the car, there is also the potential risk to any other drivers or pedestrians on the roadway. Secondly, in terms of the causation element of negligence — as you must prove that the negligent behavior led to the accident — the racing allegedly caused the car to enter traffic, which then led to the collision with the pickup, killing the two passengers. These elements, if true, provide a potential basis for a negligence or wrongful death claim.

As to the second accident, the driver may have a case against the driver of the Honda. However, this is a fact sensitive matter, because if the driver who crashed into this second driver was engaging in negligence, they would likely be responsible for the damages caused.

Individuals harmed in auto accidents due to another driver’s negligence could potentially pursue a personal injury lawsuit under a negligence or wrongful death cause of action. In either type of case, potentially recoverable damages include things like pain and suffering, hospital bills, lost wages, loss of companionship, funeral expenses and, in some cases, punitive damages.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, and is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Former NBA Player involved in Tragic Car Accident in Suburban Atlanta, Atlanta Personal Injury Lawyer Blog, published June 13, 2013

Tow Truck Slams into Car in Tragic Accident on Atlanta’s Westside, Atlanta Personal Injury Lawyer Blog, published June 5, 2013

According to various reports, the woman was racing her Honda Accord, when she suddenly lost control of the vehicle, causing it to hit a guardrail, and then reverted back into oncoming traffic. The car was then hit by an oncoming pickup truck. Both of the passengers in the Honda were killed, and the woman was taken to the hospital for non-life threatening injuries.

Additionally, the accident led to a secondary collision, when another driver was attempting to slow to avoid the accident, and was hit from behind by another vehicle.

Unfortunately, due to the circumstances involved in this case, it is demonstrative of several different principles in Personal Injury Law and most notably probable negligence claims.

Taking the issues raised in this case and isolating them as facts in a hypothetical case, we have the driver’s decision to engage in a road race. Deciding to engage in this behavior is potentially negligent because it is considered to depart from the way in which a reasonably prudent (safe) driver would drive. In addition to the risk to those in the car, there is also the potential risk to any other drivers or pedestrians on the roadway. Secondly, in terms of the causation element of negligence — as you must prove that the negligent behavior led to the accident — the racing allegedly caused the car to enter traffic, which then led to the collision with the pickup, killing the two passengers. These elements, if true, provide a potential basis for a negligence or wrongful death claim.

As to the second accident, the driver may have a case against the driver of the Honda. However, this is a fact sensitive matter, because if the driver who crashed into this second driver was engaging in negligence, they would likely be responsible for the damages caused.

Individuals harmed in auto accidents due to another driver’s negligence could potentially pursue a personal injury lawsuit under a negligence or wrongful death cause of action. In either type of case, potentially recoverable damages include things like pain and suffering, hospital bills, lost wages, loss of companionship, funeral expenses and, in some cases, punitive damages.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, and is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Former NBA Player involved in Tragic Car Accident in Suburban Atlanta, Atlanta Personal Injury Lawyer Blog, published June 13, 2013

Tow Truck Slams into Car in Tragic Accident on Atlanta’s Westside, Atlanta Personal Injury Lawyer Blog, published June 5, 2013

Blaylock was reportedly driving northbound in an SUV on Tara Boulevard in Jonesboro, when he crossed the median line and crashed head on into a van carrying two individuals.

According to authorities, a woman in the van died following the injuries she sustained during the crash. The other passenger, a man, suffered a broken ankle and was later released from this hospital. Blaylock was initially airlifted to a hospital, and was put on life support, until being upgraded to critical condition, then serious, and later fair condition prior to his release.

Subsequent reports stated that Blaylock has since been jailed for his role in the accident. He was reportedly charged with vehiclar manslaughter. He had allegedly previously been charged with driving with a suspended license, and failure to stay in his lane.

Blaylock reportedly voluntarily surrendered Monday, and is being held without bond.

Blaylock’s attorney said in a statement that the former NBA player had blacked out before the crash. Authorities are continuing their investigation in order to determine the cause of the crash, and have stated that they do not believe that alcohol was a factor.

The information regarding the criminal charges in this case remain unclear. However, if an individual who has a disorder that causes them to black out at unpredictable times, such as when driving, then does black out while driving, leading to the harm of another, this can potentially create not only criminal liability, but also civil. Driving in a dangerous manner, whether due to an underlying condition, or for other reasons, such as failure to observe the speed limit, are behaviors that could potentially be considered negligent, and thus may give rise to a personal injury lawsuit.

Individuals hurt or killed in car accidents due to another driver’s negligence could potentially pursue a personal injury lawsuit under a negligence or wrongful death cause of action. In either case, recoverable damages include things like pain and suffering, hospital bills, lost wages, loss of companionship, funeral expenses and, in some cases, punitive damages.

If you have been injured, or a loved one has been killed in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, and is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Call us today in order to schedule your free initial consultation. You can contact us through our website or by calling (404)-370-1000.

More Blog Posts:

Tow Truck Slams into Car in Tragic Accident on Atlanta’s Westside, Atlanta Personal Injury Lawyer Blog, published June 5, 2013

Unarmed Man Shot and Tasered To Death by Police Results in Wrongful Death Lawsuit, Atlanta Personal Injury Lawyer Blog, published February 27, 2013

Blaylock was reportedly driving northbound in an SUV on Tara Boulevard in Jonesboro, when he crossed the median line and crashed head on into a van carrying two individuals.

According to authorities, a woman in the van died following the injuries she sustained during the crash. The other passenger, a man, suffered a broken ankle and was later released from this hospital. Blaylock was initially airlifted to a hospital, and was put on life support, until being upgraded to critical condition, then serious, and later fair condition prior to his release.

Subsequent reports stated that Blaylock has since been jailed for his role in the accident. He was reportedly charged with vehiclar manslaughter. He had allegedly previously been charged with driving with a suspended license, and failure to stay in his lane.

Blaylock reportedly voluntarily surrendered Monday, and is being held without bond.

Blaylock’s attorney said in a statement that the former NBA player had blacked out before the crash. Authorities are continuing their investigation in order to determine the cause of the crash, and have stated that they do not believe that alcohol was a factor.

The information regarding the criminal charges in this case remain unclear. However, if an individual who has a disorder that causes them to black out at unpredictable times, such as when driving, then does black out while driving, leading to the harm of another, this can potentially create not only criminal liability, but also civil. Driving in a dangerous manner, whether due to an underlying condition, or for other reasons, such as failure to observe the speed limit, are behaviors that could potentially be considered negligent, and thus may give rise to a personal injury lawsuit.

Individuals hurt or killed in car accidents due to another driver’s negligence could potentially pursue a personal injury lawsuit under a negligence or wrongful death cause of action. In either case, recoverable damages include things like pain and suffering, hospital bills, lost wages, loss of companionship, funeral expenses and, in some cases, punitive damages.

If you have been injured, or a loved one has been killed in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, and is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Call us today in order to schedule your free initial consultation. You can contact us through our website or by calling (404)-370-1000.

More Blog Posts:

Tow Truck Slams into Car in Tragic Accident on Atlanta’s Westside, Atlanta Personal Injury Lawyer Blog, published June 5, 2013

Unarmed Man Shot and Tasered To Death by Police Results in Wrongful Death Lawsuit, Atlanta Personal Injury Lawyer Blog, published February 27, 2013

The recently passed law, one of the first of its kind in the nation, bars federal quality-of-care issues from being aired in court when used as a standard of care measure or as a presumption of negligence. If this can happen in Georgia, it could happen in Ohio.

Even though the Medical Association of Georgia indicates the law is merely a cost management tool, there are doubting Thomas reactions across the board. Despite at least twelve provisions in the bill that may still be used to ascertain liability in a lawsuit, many malpractice lawyers seen holes you could drive a truck through in the State Physician Shield Act.

Proponents say the bill only states that if a doctor physically harms someone or does not provide them with enough information to care for them in a proper manner, that there is still a cause of action available. However, if a doctor does not maintain various quality-control measures when it comes to payment issues, that is not classified as medical negligence, because it is not directly linked to patient care.

But is that the case? While the bill does point to liability in medical care, hospital admissions and re-admissions, hospital-acquired infections and so forth, the best the bill’s backers can say is that they do not suspect it will give rise to new causes of action. The bottom line though is that the only arbiter of the validity of a cause of action or claim is the courts.

Part and parcel of the new bill does include the implementation of various guidelines and standards, as yet to be defined in the field. Whenever there is a change in wording, a new bill proposed that may affect medical malpractice patients or a move in the direction to not fault doctors for errors or excuse them for not living up to certain standards, there is the potential for a medical negligence lawsuit. In some ways it is just that simple. In others, the issue is fraught with a myriad of potential complications. Drafting legislation is an inexact science at best and it has the potential to create more harm than help, should the wording be interpreted in a manner other than the intentions behind the law.

This is another wait and see situation where yet another law has been passed to excuse physicians from not living up to certain standards. It’s a dangerous trend now and for the future.

Learn more at http://www.christophermellino.com/

A hospital spokeswoman told a local news station that “Merritt violently awoke from anesthesia and fought with medical personnel. In the process, … his breathing tube came dislodged.”

More specifically, says the malpractice firm handling the case, doctors proceeded to operate on Merritt’s jaw two days after the shooting despite the fact his airway was still swollen and obstructed. The anesthesia team then failed to follow the customary extubation plan, and Merritt became “uncontrollable,” turned on his side, and yanked out his breathing tube. He suffered the brain injury while deprived of oxygen for 7 to 8 minutes as doctors attempted to reintubate his swollen airway.

“[Merritt’s] combative behavior was foreseeable and if the anesthesiologists followed their own [extubation] plan, Sheriod would have been fine,” said one attorney.

Instead, he’s unable to talk, walk, or play with his son.

“I love you, Dad,” was the last thing Sheriod Merritt said to his father, Patrick, before being rolled into the operating room.

The Georgia jury deliberated nearly two days before reaching the $17.5 million verdict.

Below, Cleveland brain injury attorney Chris Mellino discusses whether you can sue an Ohio doctor for malpractice if you are partly at fault for your brain injury.

Initial reports indicated that the accident occurred at the intersection of Northside Drive and Marietta Street, when a tow truck collided with a sedan, killing its front passenger. Later reports indicated that the driver of the sedan and three minor children were also injured in the crash, though detailed information regarding their condition was not available. The driver of the tow truck was not injured.

Video footage was taken of the scene following the accident, which showed the tow truck had apparently pinned the car against a utility pole.

While the cause of this particular crash remains unknown, it appears as though it may have been the result of one of the drivers running a red light, or failing to yield to some other traffic signal. Statistically speaking, most accidents occur in or near intersections due to these sorts of driving errors.

If you are involved in a car accident, after reporting the collision to police and seeking appropriate medical treatment, you’ll want to contact an experienced car accident attorney as soon as possible. Car insurance companies have an incentive to settle claims as quickly as possible and for the lowest cost. Many injuries may not present themselves within this shortened time period, or may require additional treatment, and therefore additional expense, over the months or years to come. An experienced attorney can advise you regarding what sorts of claims you may have, and what recovery would be in your best interests.

In order to be successful in a car accident claim, the plaintiff, or party bringing the lawsuit, will have to prove that the other driver was negligent in causing the accident, which led to their injuries. Negligence is legally defined as a failure to act in the same manner as a reasonably prudent person in the same situation. In driving, this means a failure of some sort to do things that another reasonable driver would do. The most common examples of this would be excessive speeding, failure to obey traffic signals, failure to yield to other drivers, engaging in aggressive driving, and the like.

A successful negligence claim will ensure that you recover financial compensation for the damages you have suffered as a result of the accident. Potentially recoverable claims include things like hospital bills, damages for pain and suffering, physical therapy bills, lost wages, disability pay, and in some cases funeral expenses or an award for wrongful death.

If you have been injured, or a loved one has been killed in a car accident due to another individual’s negligent driving, hire an experienced Atlanta car accident attorney. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, who is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Call us today in order to schedule your free initial consultation. You can contact us through our website or by calling (404)-370-1000.

More Blog Posts:

Each year, at least half a million people are involved in big rig accidents, Atlanta Personal Injury Lawyer Blog
Police chase results in dead driver, Atlanta Personal Injury Lawyer Blog

Initial reports indicated that the accident occurred at the intersection of Northside Drive and Marietta Street, when a tow truck collided with a sedan, killing its front passenger. Later reports indicated that the driver of the sedan and three minor children were also injured in the crash, though detailed information regarding their condition was not available. The driver of the tow truck was not injured.

Video footage was taken of the scene following the accident, which showed the tow truck had apparently pinned the car against a utility pole.

While the cause of this particular crash remains unknown, it appears as though it may have been the result of one of the drivers running a red light, or failing to yield to some other traffic signal. Statistically speaking, most accidents occur in or near intersections due to these sorts of driving errors.

If you are involved in a car accident, after reporting the collision to police and seeking appropriate medical treatment, you’ll want to contact an experienced car accident attorney as soon as possible. Car insurance companies have an incentive to settle claims as quickly as possible and for the lowest cost. Many injuries may not present themselves within this shortened time period, or may require additional treatment, and therefore additional expense, over the months or years to come. An experienced attorney can advise you regarding what sorts of claims you may have, and what recovery would be in your best interests.

In order to be successful in a car accident claim, the plaintiff, or party bringing the lawsuit, will have to prove that the other driver was negligent in causing the accident, which led to their injuries. Negligence is legally defined as a failure to act in the same manner as a reasonably prudent person in the same situation. In driving, this means a failure of some sort to do things that another reasonable driver would do. The most common examples of this would be excessive speeding, failure to obey traffic signals, failure to yield to other drivers, engaging in aggressive driving, and the like.

A successful negligence claim will ensure that you recover financial compensation for the damages you have suffered as a result of the accident. Potentially recoverable claims include things like hospital bills, damages for pain and suffering, physical therapy bills, lost wages, disability pay, and in some cases funeral expenses or an award for wrongful death.

If you have been injured, or a loved one has been killed in a car accident due to another individual’s negligent driving, hire an experienced Atlanta car accident attorney. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, who is skilled at representing individuals and their families who  have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Call us today in order to schedule your free initial consultation. You can contact us through our website or by calling (404)-370-1000.

More Blog Posts:

Each year, at least half a million people are involved in big rig accidents, Atlanta Personal Injury Lawyer Blog
Police chase results in dead driver, Atlanta Personal Injury Lawyer Blog

More recently, authorities placed the company into receivership under the control of the Division of Rehabilitation and Liquidation at the Florida Department of Financial Services.

Then, on March 28, 2013, Federal agents raided Universal’s St. Petersburg headquarters, ordering hundreds of employees out of the building.

The raid came shortly after the trustee in the company’s bankruptcy case alleged a “pattern of dishonesty or gross mismanagement.” Examples cited included a transfer of $18.3 million to a company controlled by Universal’s founder, Dr. Akshay Desai, and over $2 million is bonuses paid to executives in 2012.

Following Universal’s bankruptcy filing, state insurance regulators had already begun liquidating the company’s assets when the federal raid happened.

Desia founded Universal Health Care in 2005. It quickly grew to be the fourth-largest Medicare HMO in Florida. Companies like Universal combine Medicare payments and membership fees to provide coverage that expands upon that offered by Medicare. It eventually expanded its services to 23 states and boasted 140,000 members.

The first public news indicating the extent of Universal’s troubles came when Georgia’s insurance commissioner requested that it halt sales of new policies there, citing the company’s $22.1 net loss in the first half of 2012.

Over 800 former employees are now without a job. In a recent filing in Universal’s bankruptcy case, the company sought to eliminate employment agreements in place for seven executives. Universal’s motion said it no longer required the executives’ services, five of whom were hired less than one year ago.

Employees said they had not received 60 days’ notice before losing their jobs, as is often required before large numbers of layoffs.

Thousands of Universal customers were also left in the lurch, forced to search for new Medicare plans. Members who did not select their new coverage before the April will have to wait until the first of May for the switch to take effect.

The biggest losers, though, will likely be Universal’s investors, including Desai’s fellow doctors, who contributed capital in the company’s early years. Dr. Zachariah P. Zachariah, who chairs the Florida Board of Medicine, invested some $6 million. Zachariah, who was removed from Universal’s board in 2009, has a lawsuit pending against Desai.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Tampa business bankruptcy attorney, bankruptcy lawyer, call 813.654.5777 or visit http://www.brandonlawoffice.com.

It all started with a cell phone. In Alpharetta, Georgia, a 23-year-old woman was driving distracted, by talking on her cell phone, when she slammed into another vehicle being driven by a 67-year-old man. The collision and subsequent roll-over killed him.

The young woman was driving on a local highway, talking on her cell phone, when she lost control of her vehicle, veered into the next lane and rammed into a Nissan Pathfinder. The force of the impact caused the man to lose control of his vehicle, veer sideways, roll-over several times and end up crushed against a guard rail. By the time the police and first responders arrived on the scene, they found the man dead. He never stood a chance.

Over 3,000 deaths in the U.S. last year were related to distracted driving and while the cell phone, and other mobile devices are, at times, a blessing, they are not used safely or wisely by drivers. Cell phones do not belong in vehicles, without or without a headset – period. A point being made by U.S. Transportation Secretary Ray LaHood, who is pushing for legislation to ban cell phones in all vehicles.

A month had passed before the at-fault driver in this horrific collision turned herself into the police. She was charged with failing to maintain her own land and second-degree homicide. Many hope the criminal justice system will prevail in this case. It is likely the man’s family will want to talk to an experienced personal injury lawyer, and find out how to file a wrongful death lawsuit. Part of the justice they would seek is to be able to make the point that cell phones should not be allowed in vehicles and that driver’s using them while driving, need to take responsibility for their negligence.

What will the man’s family do to pay their bills while they are waiting for their case to be resolved? They might want to find out more about litigation funding and how they could make use of a lawsuit loan to pay for all of their expenses. Pre-settlement funding acts as a lifeline for the family, and helps them face financial issues throughout the long litigation process. This is not a typical bank loan. A lawsuit cash advance is offered to you, based on the strength of the case. Once you are approved the funding arrives in your bank account within 24-48 hours. If you lose in court, you pay nothing. It is worth checking into.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

When people get up in the morning and head off to work, they expect they will be home for supper later. In this case, the man who went to work at a sand plant construction site would never come home again. He was killed in a workplace accident.

The man was standing on a cement wall when it suddenly gave way and trapped him underneath it. He died due to compression injuries to his head and chest. Three other workers were also hurt in this accident.

Sudden deaths like this leave the family affected in deep shock and grief. They have to somehow come to grips with not only the loss of their family member, but also the loss of the income that person contributed to the home. Without that funding, the family would be financially strapped and likely unable to pay their bills.

One way of recovering compensation for a wrongful death is to file a wrongful death lawsuit with the assistance of an Atlanta personal injury lawyer. Since wrongful death lawsuits are civil suits, they are tried in a different court than criminal cases. In this case, the investigation will need to determine why the cement wall collapsed. Was it defective? Made with poor materials? Did the people who erected the wall know the cement was flawed in some way and would not hold up later? Was it mixed improperly and missing critical ingredients?

In terms of investigations, it would take some time for all the facts to be gathered and assessed. This is one of the jobs that an Atlanta personal injury lawyer does; sifts through the details of the accident to determine what happened. If there is negligence involved, this will form the foundation of a wrongful death lawsuit to recover compensation for the family.

There are a number of things involved in a settlement or award for a wrongful death: The way the deceased handled their finances while living, their income had they lived, medical and funeral expenses, pain and suffering prior to death and the pain and suffering of the family.

There are other factors involved, but they tend to vary from state to state. If you have a wrongful death case, it is best to discuss the details with an experienced Atlanta personal injury lawyer and find out what rules are applicable in Georgia wrongful death cases and what other factors may be considered in that state.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

It’s pretty much a no-brainer that people should not be driving a lethal weapon while under the influence of drugs or alcohol. Nevertheless, they do it anyhow. In most states, and certainly in Georgia, it is a punishable offense, with the punishment hinging on the severity of the offense and the driver’s condition when charged.

If arrested for DUI in Georgia, you will face a court hearing and depending on the nature of any injuries or damages involved, you may face a fine, a jail term or both. Your driver’s license may also be suspended and you may be ordered to attend court-appointed counseling.

While there are cases where there is no harm done to another, you might not think it is any big deal, especially if everyone is OK. Don’t even think for one minute that it is OK, because even if no one is hurt, you may still be punished based on your blood alcohol content, your condition and your behavior when arrested. For this reason, do not – and this bears repeating, do not – talk to the police when you are arrested, or even before you are arrested.

Do not get into why you were out drinking and driving, what speed you were or were not doing, how you feel or anything else. Be quiet and call an Atlanta criminal defense lawyer as soon as you can. Anything you have to say can be said to the lawyer. Anything you say that isn’t said to your lawyer has a mean way of coming back to bite you later. Remain silent until you get counsel, otherwise you could mess up your case.

Georgia has an involved process for DUI charges that mean a hearing session, appearing before a judge, a preliminary hearing, a pre-trial conference and criminal proceedings. Those criminal proceedings may mean charges of DUI felony. There is no way you can choose to represent yourself through this legal maze, which is why you will need a skilled Atlanta criminal defense lawyer.

Do not opt out of hiring legal counsel because you want to save money, because by the time you are done in the court process, without counsel, you will be paying out a large sum of money. Better you have the DUI criminal defense lawyer in your corner, who may be able to reduce charges or mitigate the whole case and get it tossed out. An experienced DUI lawyer is worth his weight in gold.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Driving while under the influence is, unfortunately, more common that we would like it to be. For some reason, people who drink and drive think they are immortal. They also think nothing will happen to them and that it is safe to drive. It is not safe to drive and the statistics show a high number of deaths related to those who drink and drive – killing themselves and killing others.

DUI in Georgia is no picnic. Usually, the repercussions are losing your drivers certificate and driving privileges. Yes, you can certainly ask for a new one, but you will need a good DUI Atlanta criminal defense lawyer to get this done. He or she will be able to help you through the administrative driver’s license postponement process. Unfortunately, that also means you will be cited in one of two ways: with a per se violation or a less safe driver violation.

For the less safe driver violation, you are dealing with the police officer’s judgment at the time of your apprehension. In other words, there isn’t any scientific verification of the officer’s assessment that you were DUI. Their notes may show your speech was slurred, you reeked of booze, couldn’t walk a straight line, etc.

On the other hand, the per se violation is a proven fact; the fact that your blood alcohol content was over the official limit. What is the permissible limit in Georgia? In drivers over the age of 21, it’s .08 percent. Those over that limit face a variety of penalties such as 24 hours to 12 months in jail for a first offense. There may also be fines involved ranging from $600 to $1,000 and you may find yourself serving, at the very least, 40 hours of public service. There are a variety of other penalties, all of which need to be discussed with your Atlanta criminal defense lawyer in order to get the best possible outcome for your case.

Most criminal defense lawyers will tell you right upfront not to talk to the police and to say nothing until you make contact with a lawyer. The only person who needs to hear the whole story about what you were doing drinking and driving is the lawyer.

The main reason for this is that if you voluntarily start talking about why you were out drinking and what you were doing, this information will wind up in court later. If you do say things you were better off not saying, you significantly hamper your lawyer’s ability to help you mitigate the charges or get them thrown out. Also, it is best to remember that if you choose to continue to drink and drive and rack up charge after charge, the penalties get increasingly stiffer. Ultimately, you could have an ignition interlock device on every vehicle you own.

Think twice about drinking and driving in Georgia for two reasons; if you’re caught, your record will dog you for years to come and drinking and driving kills. Do you really want to become another DUI statistic?

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Anyone who has ever been through some kind of medical treatment is likely aware that just one slip up, one small mistake, one misunderstanding can result in medical malpractice. Unfortunately, even though the medical profession does a fine job under difficult circumstances, bad things do happen and patients get improper treatment or the wrong treatment altogether.

The wrong treatment puts a patient’s health and welfare on the thin edge of the razor; a fine line to walk when dealing with another person’s life. The wrong treatment means the real cause of the illness is undetermined and untreated, which means the patient will get worse. The long-term consequences of this medical missed diagnosis may result in serious harm or death.

“Typically, improper treatment may happen in a variety of ways,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia. “For example, the patient gets either not enough medication or too much or the individual is treated for the wrong illness/disease, because they were misdiagnosed.”

While there are other things that may happen to an unsuspecting patient, the other most common error is when a health services worker (doctor, nurse, charge nurse, etc.) makes a clerical error and a patient gets the wrong medication. “Of course, any of these scenarios may cause irreversible harm to someone or kill them and if you have been in a situation like this and lived to tell the tale, you will want to discuss your case with an Atlanta personal injury lawyer,” Webb said.

The major difficulty with not treating a disease is that it continues on its course unabated and may, over time, become untreatable. Those who have been victims of improper treatment may very well be entitled to financial compensation for their medical malpractice injuries. “If you have any questions about a situation you have been in, give me a call. I would be happy to discuss your case with you,” Webb said.

To learn more, visit http://www.webbdorazio.com.

Wrongful death is a bit of an unusual term, because there is no such thing as a death that is right. As awkward as it may seem, to understand what wrongful death is, you have to look at the bigger picture. When someone dies as the result of the negligence or inaction of another person or an entity, this is called wrongful death. It may sound simple on the surface, but it rarely is, as any Atlanta personal injury lawyer will tell you.

For those who have died at the hands of another, there may be fairly large damage awards for the deceased’s loved ones. Wrongful death has no particular niche. It strikes at anytime, anywhere and may be the result of a car accident, medical malpractice or even not maintaining property to ensure it is safe for others to visit. Another form of wrongful death may happen when a 911 call for help is not handled properly or promptly.

An improperly handled 911 call would involve the dispatcher handling the call in a negligent manner or being careless about the information he or she gathered and sent out. If someone dies as a result of those errors, the operator may be held liable for the wrongful death. One enormous oversight made by 911 dispatchers is not getting enough information from the caller.

For example, not getting the right address or all the details of the emergency situation may result in emergency responders going to the wrong location or not sending the right kind of emergency personnel to the scene. Not having a complete understanding of the severity of a situation a caller is describing may also result in an untimely and unnecessary death.

Take the case of the baby who had stopped breathing in a small town. The family called the dispatch center six times over a 15-minute period but the calls went unanswered. For some reason they were not going through to the dispatch center, either due to operator error or a technical glitch. Finally, the last call for help was answered by an operator in the next county. Unfortunately, the baby died while help was on the way. While there are several facets of this case to be delved into, the result was a wrongful death.

If you have any questions about how a wrongful death lawsuit is handled in your state, make sure you call and ask a skilled personal injury lawyer. While every state has a wrongful death statute, each state also has slightly different rules and regulations. If you live in Georgia, make that call to an Atlanta personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.