According to multiple news sources, golfer Tiger Woods was involved in an auto accident causing injuries. According to sources he suffered injuries to his face.
Marietta, Georgia - In the days following the switch to daylight savings time be wary of increased risks of traffic accidents. According to an ABC study which looked at incidents of accident reports from 1983-2006, Mondays following daylight savings switches saw a 6% increase in accidents. Researchers attributed this increase to disruption of normal sleep patterns causing increased drowsiness.
Reports also indicate increased risks to pedestrians peak during the month of November. Bright sun sitting lower on the horizon impairs visibility.
Rush hour traffic came to a grinding halt on I-20 eastbound today when all eastbound lanes were closed due to a two-car accident in Rockdale County. One car was overturned and four people were injured. Traffic was diverted off I-20 to surface streets. Injured drivers were taken to local hospitals.
This will come as no suprise to my fellow Atlantians, but Atlanta has the 3rd worst traffic in the country. What will come as a suprise is that the reporting company found a drop in traffic sufficient to drop the ATL from a tie for second to third. What some have theorized was that the rise in gas prices contributed to the drop. According to Georgia DOT numbers, Atlanta drivers are getting back to their cars in force.
The report noted that Atlanta drivers wasted and average of 57 hours a year sitting in traffic jams. As a whole, Atlantians lost more time and money than ever to congestion. The study found over 135 million wasted hours and over $3 billion in lost earnings due to traffic congestion.
Atlanta ranked behind only Washington D.C. and Los Angeles for traffic congestion.
And unfortunately, there doesn't appear to be a fix in sight. Almost of the potential fixes or proposals have been shelved by lawmakers due to bureaucratic red tape.
The biggest factor cited by the studying in decreasing traffic was the rise in gas prices.
Attorney Michael Terrell's Take
One would expect that due to fewer drivers, there would be fewer accidents in Georgia. However, I haven't seen any studies supporting this assumption.
The U.S. Department of Transportation recently annonced that in 2008 traffic fatalities hit an all-time low since 1961. The first quarter 2009 is also reporting lower traffic fatalities than in years past.
The 2008 death count totaled just over 37,000 nationally which was a drop of nearly 10% from the year before. Counts are taken based on VMT or vehicle miles traveled.
The news was not so good for motorcyle deaths which increased for the 11th straight year.
Along with Labor Day, Memorial Day and Thanksgiving, July 4th ranks among the most dangerous holidays for travel. Accordingly, please be safe on the roads.
Georgia officials, including State Troopers are ramping up for the busy July 4th weekend says Colonel Bill Hitchens of the Georgia Department of Public Safety.
In 2008 there were 1,860 traffic accidents with 22 fatalities. This year officials are estimating the same number of fatalities with a few more accidents.
The chief culprits of traffic accidents are drinking and driving, speeding and failure to wear seatbelts. These three are among the 10 most common causes of accidents nationwide.
Researchers are hoping to reenter the wreckage from a collapsed parking garage in Midtown, today. Search crews have been unable to reenter the building due to concerns over the structures integrity and the potential for further collapse. The colllapse occured at the Centergy building on Spring Street from the fourth floors down.
Miraculously it appears that no one was injured. Hopefully no injuries will be found.
A collapse such as this provides a good opportunity to examine the issues of liability surrounding such a happening. Injuries or damages from buildings, homes, or property are governed by the laws relating to premise liability. Of course if no one is hurt (and lets hope none will be found) there would be no personal injury cases. However, those whose cars were in the deck might have claims for the loss of their cars.
To recover under premise liability theories, a plaintiff must show that a dangerous condition existed on a property that the property owner either knew or should have knew existed. The property owner's duty varies depending on whether the plaintiff is considered a invitee, a licensee or a trespasser.
In the case of the Centergy collapse, one cannot assume that just because the deck collapsed that Centergy (or whoever owned the deck) is liable. Of course, parking decks don't normally collapse (thankfully) and the fact that this one did would certainly be worth investigating. There can be little doubt that OSHA and other governmental agencies will be investigating this crash. And lets all continue to hope and pray that noone was injured.
A new law passed by the Georgia Legislature will take effect 1 July 2009. The new law will allow for the suspension of one's drivers license upon conviction for causing serious injury to another due to a right of way violation resulting from a collision with a motorcyclist, bicyclist, pedestrian, or farmer transporting livestock.
Such a law would have little effect on the handling of a personal injury case stemming from such an accident because convictions are not admissable as evidence. This is not to say that the evidence surrounding the collision is inadmissible. It simply means that evidence of the actual conviction itself is inadmissible.
Many don't realize that bicyclists on the roadway must be afforded the same considerations as those driving cars. And in almost all cases a driver must yield to a pedestrian.
Charles Leonard Barnett, 35, was killed in a single-car accident Sunday night. Apparently he lost control of his truck and hit a tree. A passenger was transported to a local hospital with non life-threatening injuries. Attorney Michael Terrell's Take
This case, while sad, illustrates a couple of issues related to car wrecks and personal injury cases. First of all, the issue of liability. Remember, not all accidents are compensible. There must be a negligent act. It is entirely possible for a driver to do nothing wrong and still have an accident, for instance if a deer runs in the road and the driver over-corrects in an attempt to miss the deer. Other scenarios might involve the car malfunctioning or the brakes going out. In all the foregoing scenarios it is likely that a personal injury case would not arise because the driver was not negligent in the accident.
In Mr. Barnett's case, his passenger would be the more likely of the two to have a personal injury case. Passengers, of course, don't have control over the car. Again however, his claim would depend on whether Mr. Barnett was negligent while driving. If Mr. Barnett was not negligent, there would be no personal injury claim.
A case such as this would require the knowledge of an attorney specializing in personal injury law to investigate the claim to determine if a case could be made.
On February 1, David was driving his Harley Davidson home from watching the Superbowl when a drunk driver stopped in the middle of the road causing David to wreck his motorcyle. The fall from the motorcylce caused him to break his wrist. In the aftermath of his accident a good friend referred him to Terrell Law Firm. His case is now resolved and David feels "overwhelmed" at his good fortune in being referred to the personal injury lawyers at Terrell Law Firm. Click here to read the rest of his testimonial.
Whether you have been rear-ended on I-75 or side-swiped on Cobb Parkway, there is a single determination that must be made before you can recover for your car accident case. This determination is explored in detail in my most recent library article - The Single Most Important Determination in Your Georgia Car Wreck Case.
83 year-old Charles Daniels of Grayson was killed Saturday when he pulled in front of an oncoming SUV. Mr. Daniels was attempting to execute a left-hand turn when he pulled in front of an oncoming SUV. The SUV struck his car killing Mr. Daniels.
Mr. Daniels' death is a sad illustration that not every accident related injury results in a personal injury case. In Mr. Daniels' case, because he was the cause of the accident, neither he nor his family would have a personal injury claim. He was the negligent party. In order to have a personal injury claim someone else must be negligent and this negligence must cause injuries. For a more thorough discussion on this topic, see my article entitled Georgia Auto Accident Checklist - How to Prove a Georgia Car Wreck Case.
A common area of inquiry for accident victims is how to get their car fixed. In this second of a three-part series, I explore issues such as - how to determine the value of your car, what is loss of use, what is diminished value, and when you are entitled to recover these things.
Nearly every car, motorcycle or truck wreck in Georgia will eventually produce questions relating to fixing or replacing the damage vehicle. As a result, Marietta Car Wreck Lawyer, Michael Terrell has authored a series of articles addressing questions relating to the issues of fixing and replacing wrecked cars, trucks and motorcycles. The articles are entitled My Car is Wrecked - Now What? and they can be found at the following links:
Commuters on I-75, I-85, I-285, and I-20 should slow down beginning Thursday. According to the AJC, law enforcement angencies will be cracking down on speeders. The crackdown is part of newly instituted highway safety program by the governor's office.
According to the governor's office, speeding, impaired driving and unrestrained occupants are still the top three causes of fatalities in motor vehicles.
The National Highway Traffic Safety Administration or NHTSA for short has released a report entitled Statistical Analysis of Alcohol-Related Driving Trends 1982-2005. The were several things contained in the report I found interesting. Overall the report found that the proportion of drivers involved in fatal crashes who had consumed alcohol and had a breath aclohol content of .08 or greater steadily declined from 1982 thru 2005. The report itself sought to identify what contributed to this decline in alcohol related traffic fatalities.
There were three contributing identified in the report: 1.) the average increase in age of the population; 2.) the per capita decrease in alcohol consumption; and 3.) the effect of alcohol-related legislation. Of the three main factors, the demographic factors such as age and gender of the population were found to have the most influence.
A couple other interesting points: 1.) men are more likely to be involved in DUI fatalities than women; 2.) alcohol consumption and DUI fatalities drop significantly once drivers reach 35 years of age; 3.) the per capita consumption of alcohol has actually declined in recent years; 3.) beer is the most consumed alcoholic beverage in our country.
One strange anomoly that the report failed to address is that the number of DUI drivers in fatal crashes actually increased from 56,029 to 59,104. So really all the report shows is that the percentage of DUI drivers has decreased relative to the overall driving population, but the number of DUI fatalities has remained the same.
When someone is in a car wreck their thoughts will eventually turn to their damaged or destroyed car at which point the questions begin to arise - How am I going to get this fixed? Who is responsible for getting it fixed? Can I drive it home? Should I drive it home? Can I get a rental? How much will I get for the total loss?
Unfortunately, the answers to many of these questions are not intuitive and unless you deal with these types things on a daily basis, you won't readily know the answers. This lack of information is complicated by the fact that most personal injury attorneys will not assist you with your property damage claim because there is no money in it for the attorney.
Because of this, I have authored some "how-to" articles entitled My Cars Wrecked - Now What? that will assist accident victims in getting their cars fixed or replaced while getting top dollar for their repairs. Just follow the hyperlink to an article that will answer many of your questions about the property damage process.
If after reading the articles the task still sounds daunting call one of the personal injury lawyers at Terrell Law Firm. If we take your personal injury case we will help you get your car fixed or replaced for FREE!
A Crawford teen was injured in a collision with a vehicle Wednesday evening. The 15 year-old and his bike were struck by a car. Witnesses first arriving to the scene said the boy was unconcious before being life-flighted to a nearby hospital. The accident occured on Smokey Road.
One thing many people might not know about bicycles in roadways is that they are treated just like any other automobile on the roadway. Therefore, if one would not (or should not) pass a car in a given situation they should not pass a bike under the same circumstances.
Two drivers are dead and two drivers are critically injured following a high-speed accident on I-285 in Dekalb County. Police suspect that racing may have been a contributing factor in the deadly crash which occured between the LaVista Road and Lawrenceville Highway exits.
According to witnesses, a Corvette and Mustang were racing on I-285 when the Corvette lost control, struck a guardrail and then an SUV. The two occupants of the Corvette were killed instantly and the occupants of the SUV were transported to a local hospital.
Police are still looking for the drivers of the Mustang which fled the scene.
Have you been the victim of misplaced road rage? Don't take it personall. Apparently you live in a city which is among the nation's worst for angry drivers.
A recent survey ranked Atlanta among the five worst cities in America for road-rage drivers.
This means that Atlantians are more likely to yell at you, flip you off, tail-gate you, weave in and out of traffic, and act generally rude than in other major metropolitan cities.
One widely cited factor contributing to the high incidents of road rage in Atlanta is the extreme congestion on our roadways. It is no secret that Atlanta is among the worst cities in the country for traffic congestion. And according to experts, heavy and congested traffic are key factors which contribute to road rage.
Cobb County police receive periodic complaints from drivers who are victims of road rage, but arrests are few. It is a matter of police officers happening to be in the right place at the right time according to Sgt. Dana Pierce.
The best way to defuse road rage is to ignore it and to be a courteous driver.
Other major cities ranked in the top five were New York, Miami, St. Paul and Dallas-Fort Worth.
Where were the friendliest drivers? Portland, Oregon
The National Highway Transportation and Safety Administration reports that DUI fatalities were down 3.7 percent from 13,491 to 12,998. The statistics were based on accidents where the at-fault driver had a breath alcohol content of .08 or higher.
Surprisingly, motorcycle DUI fatalities rose slighty in the same time frame.
As a personal injury lawyer, one of the most commonly asked questions I get in my practice is - how long will my case take to complete? As one might expect, the answer depends greatly depending on your case. Some of the factors to consider are the kind and extent of injuries, the kind of medical treatment required, the existence of liability insurance, and the whereabouts of the defendant.
Another major factor is the aptitude and diligence of the lawyer handling your case.
For a more thorough discussion and to see how long your particular case should take click here.
A UGA sorority girl and recent graduate was charged with DUI following a fiery crash near Five Points on Sunday night. Stacy Paige Cason lost control of her Chevy Tahoe in the early morning hours after funning a stop sign.
After running the stop sign, Cason hit two parked cars and a telephone pole before jumping a curb and crashing into a utility pole. After hitting the pole, Cason's Tahoe erupted into flames. Neither Cason nor her passenger were hurt.
Officers on the scene claim Cason had a breath alcohol level twice the legal limit. The legal limit in Georgia (and most states for that matter) is .08, meaning Cason had to blow over a .16.
This case is a good illustration of the challenge personal injury lawyers face when dealing with personal injury cases. Many people erroneously believe that just because someone does something wrong, they have a pesonal injury case. Here it appears that Cason did not injure anyone.
Thus, even though she was clearly negligent in getting behind the wheel while intoxicated, her actions likely won't result in a personal injury claim. The only person who might have such a claim is her passenger. Of course, every one who suffered property damage as a result of Cason's actions will have a claim against her for the damage to their vehicles or other personalty.
A mother's love apparently lead her to lie to cover up her sons involvement in a fatal hit-and-run on Sunday night. According to police, Maria Agullon tried to report her son's car as stolen after learning it was involved in the fatal crash.
Agullon's lies resulted in her arrest by Marietta authorities on charges of false report of a crime and obstruction of law enforcement.
Jonathan Corona of Marietta was the driver of an Oldsmobile which struck and killed J. Dolores Zuniga, also of Marietta.
Hit-and-run accidents are one of a very few traffic violations which can result in the award of punitive damages in Georgia. Hit-and-run cases are different from other auto accident cases and require personal injury lawyers who are familiar with those nuances. The personal injury lawyers at Terrell Law Firm have handled a number of hit-and-run cases to succesful completion.
A Lawrenceville drunk driver has been arrested for the death of a young mother when his truck struck her in front of her home. He then fled the scene which resulted in an additional charge of hit and run.
Constantin Toncz is being held in Gwinnett County jail on a $50,000 bond. The young mother, Sabrina Stanek, was pronounced dead on the scene.
Initial reports indicate that Toncz left the road he was traveling on, Belmont Lane, and hit Sabrina in front of her home. Toncz then fled the scene and abandoned his truck. Friends called the police and reported his whereabouts.
Sadly, cases such as this are not uncommon. The personal injury attorneys at Terrell Law Firm have handled a number of DUI cases over the years, advocating on behalf of victims and their families. DUI and hit-and-run cases are different from other auto accident cases and they must be handled accordingly by lawyers who are fimiliar with their unique aspects.
One unique aspect of DUI and hit-and-run cases is the availability of punitive damages. In Georgia, punitive damages are only authorized in certain instances and they are awarded to punish a wrongdoer.
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