Attorney Client Match Blog

As trends often do, this one seems to resurface every year or so. Like most fads, young people looking to impress their peers tend to be the ones to latch on. Unlike some less complicated trends, however, this particular trend has more dangerous implications - car accidents often resulting in traumatic brain injury, physical disabilities and, worst case scenario, in fatalities. It's called car surfing (or and, unfortunately, the activity isn't even on most parents radars.

Car crashes are already one of the leading causes for teenage deaths in the United States. Car surfing is an added recipe for disaster, many times including volatile variables like unpredictable motor vehicles, young and inexperienced drivers, and the distractions that necessarily tend to accompany such events. Videos of people successfully completing the act have gone viral, inspiring others to follow suit. The videos should come with an admonishment that viewers "not try this at home," but many personal injury attorneys already know that such a warning probably wouldn't act as much of a deterrent. The videos are simply too attractive to thrill-seekers and deceptively fail to depict the associated risk for injury or death. With school out for the summer, and teens looking for thrills to compromise their free time, we are sure to see a resurgence of car surfing accidents.

Continue reading "Car Surfing Trend Resurfaces at Great Cost: Injury, Deadly Car Accidents Result " »

There are undoubtedly many different types of car accidents. There are collisions between multiple drivers, and then there are those collisions caused by motorists who are under the influence, or distracted. All of these accidents, no matter, the driving force, invoke feelings of sympathy for the victims involved. But of particular tragedy are the accidents that may not be the direct result of any type of human error at all.

Often in these so-called "freak accidents," injury seems to have been almost inevitable. Even more disconcerting for personal injury attorneys is the fact that, in these cases, it is often extremely difficult to immediately pinpoint or assign "fault" to any one particular source. Take, for instance, an article entitled, "Woman Killed by Flying Tire Had Nowhere to go." The blaring headline displayed on the Atlanta Journal Constitution's (AJC) Web site regarding one of Atlanta's most recent morning rush hour traffic accidents serves only to accentuate the aforementioned point.

Last Friday morning, a 47-year-old woman was driving her daughter to school when a truck tire flew over the median that separates I-85 and in the direction of cars driving southbound on the highway near the Clairmont Road exit. The tire struck the van's roof and windshield, killing Aila Masud on impact. According to a police interview conducted by reporters at the AJC, another driver traveling in the opposite direction, and across the median, was trying to avoid his own collision, when a front tire came off of his truck and careened at least 50 feet into the air, eventually striking Masud's motor vehicle.

Continue reading "Flying Tire Causes Fatal Car Accident during Atlanta's Morning Commute" »

It would seem that Georgia's recent spate of traffic laws (especially those laws involving the required usage of seat belts and banning texting while driving) is experiencing a decent amount of success. In fact, statistics show that there was a sharp and marked decrease in the number of young motorists who perished in car accidents last year. Unfortunately, however, while this is good news for the state, Georgia's numbers regarding teen deaths due to car crashes simultaneously provide a definite contrast to those of the nation.

Nationally, the amount of teen driver deaths is on the rise. According to a government report released February 26th of this year, says the Atlanta Journal-Constitution (AJC), teen deaths "increased sharply across the nation for the first six months of 2012."

The AJC article also shared with readers some fairly interesting, and contrasting numbers. Researcher Dr. Allan Williams conducted the state-by-state analysis of teen driver deaths. He suggests to the AJC that he "attributes much of the [nationwide] increase to the leveling off of state driving programs, and the fact that more teens are driving due to an improved economy."

Continue reading "Teen Driver Deaths Decreasing in Georgia: Improvement over National Numbers" »

Georgia may soon be the next state to enforce what others have already dubbed the "slow-poke" law. House Bill 459, introduced by Rep. Bill Hitchens, R-Rincon, was created to outlaw driving in the fast lane on Georgia's congested highways unless attempting to overtake and pass another vehicle. Intended to keep "slow pokes" from meandering and languishing in the left lane and impeding faster-moving motorists, the measure would take effect "only if another car is trying to get by."

An article in the Atlanta Journal-Constitution makes the parameters of the bill even clearer. Quotes the article, "Hitchens, a former head of the state Department of Public Safety, wants to make it illegal, essentially, to drive in the left lane on all controlled access highways at all, except":

--When no other vehicle is directly behind the vehicle in the left lane.
--When traffic make it impractical to drive in the right lane.
--When weather conditions make it necessary to drive in the left lane.
--When obstructions or hazards exist in the right lane.
--When a vehicle changes lanes to comply with other laws.
--When exiting on the left.
--To pay tolls or use a toll pass.
--When driving in the left lane comply with traffic control

Continue reading "Proposed Georgia Law Meant to Keep Left Traffic Lane Clear and Cut Down on Car Accidents" »

In January of this year, a Georgia motorist allegedly took drunk driving to another level, embarking on what can only be described as a car crash crime spree. According to CBS Atlanta and the Huffington Post, 70-year-old Michael Snider was involved in hit-and-run accidents with as many as 17 vehicles before he was finally apprehended by police officials - and only after smashing his car into the side of a restaurant. His January 23 spree spanned several hours, two counties (including Gwinnett and DeKalb counties) and left at least one person dead. Personal injury attorneys feel that what makes the situation even more interesting (and certainly more disturbing) is the description of Snider given by witnesses. The Post reports that motorists may have actually observed Snider purposefully targeting and bearing down on other drivers. His own words following his capture failed to elicit any doubt. He reportedly told officers, "Do you know who I am? I do whatever I want."

Of course, with his alcohol consumption levels, it's highly possible that that statement was more likely the result of liquid courage versus sincere sentiment. Word has it that that he began to sing a different tune once he sobered up and learned that his recklessness had culminated in the death of another person. In fact, he reportedly required counseling after learning the ultimate cost of his joyride. He has since been charged with vehicular homicide, serious injury by vehicle, DUI, reckless driving and following too closely.

If anything, this incident is a prime demonstration of how many and how greatly lives can be affected and forever changed -all within the blink of an eye.

Continue reading "Drunk Driver Goes on Hit-and-Run Spree Ending in Car Accidents and Fatalities: Prevention is Key When it Comes to Drunk Driving Fatalities" »

Car accidents are one of the leading causes of child injuries and fatalities. They are also the leading cause acquired disabilities such as brain injuries and paralysis in children across the country. Approximately 250,000 children are injured every year in car accidents, according to the National Center for Statistics and Analysis (NCSA). However, recent reports have shown, and most plaintiffs' personal injury attorneys would agree, that proper use of restraints like seatbelts and car seats can contribute to significantly reducing the number of fatalities and injuries that occur on an annual basis.

Fortunately, there actually appears to be a marked increase in the trend towards wearing seatbelts. In fact, the 2011 National Occupant Protection Use Survey (NOPUS) Controlled Intersection Study found that "restraint use for all children from birth to 7 years old increased significantly from 89 percent in 2010 to 91 percent in 2011." Another major finding from the report was that rear car seat placement for children between the ages of 4 and 7 also increased significantly, from 89 percent in 2010 to 92 percent in 2011.

Continue reading "Car Accidents One of the Leading Causes of Child Injuries and Fatalities: Statistics are Curbed with Increased Use of Restraints and Car Safety Seats" »

Georgia drivers have felt the need to be extremely cautious on the roads this week as rain moved in, disrupting the fluidity of both morning and evening commutes. Roads slick with water and drivers anxious to make it to work on time have made both the highways and surface streets difficult and dangerous to travel, with car accidents only adding to the frustration. Unfortunately, the need for extreme caution cannot be abandoned any time soon as the inclement weather has made no signs of moving on, and indeed, promises only to escalate. The National Weather Service has issued a winter weather advisory for metro Atlanta through Friday morning, on top of a flood watch for the area. Car accident attorneys know this means that the city is sure to see additional car wrecks before the week's end.

Man is not the only one to blame for the increase in accidents this week. Natural disasters brought on by the advent of rain are at fault as well. According to the Atlanta Journal-Constitution, heavy rains may be at fault for the 6-foot by 10-foot sinkhole that completely "swallowed a lane of Lyle Circle near Collins Hill Road" in Lawrenceville, Georgia. The article further reports that one car was damaged by the hole before city officials heard about it. Trees downed by the weather have contributed to motor vehicle damage as well. The very tentative promise of snow and ice moving in Thursday afternoon/Friday morning is sure to only exacerbate the problem.

Continue reading "Heavy Rains, Snow, and Man Main Cause of Car Accidents This Week in Metro Atlanta" »

The end of the year is characterized by many changes. Events like a change in weather and temperature, coupled with daylight savings time serve to both symbolically usher in the holidays and bolster the economy, especially since consumers are more prone to willingly open their wallets in preparation for Christmas. However, aside from these things, and even more significantly, the holidays also herald the most dangerous time of the year for motorists.

Thanksgiving, in particular, is the most traveled holiday period of the year, as revelers load up their vehicles and head for the highways. Unfortunately, this means that Thanksgiving is also the deadliest holiday period of the year- surpassing the 4th of July, Memorial weekend, and even Christmas - as approximately 90% of those traveling elect to do so by passenger vehicle in lieu of other modes of transportation. Car accident attorneys recognize that an increased number of motorists on the road also translates into an increase in the number of both fatal and non-fatal car accidents.

For example, during the 2010 Thanksgiving holiday (which ran from 6 p.m., Wednesday, November 24, to 5:59 a.m., Monday, November 29) 337 passenger vehicle occupants were killed in motor vehicle traffic crashes nationwide. This year, the Thanksgiving travel holiday period began at midnight on November 12 and ostensibly continues through the 26th. In an effort to curtail the number of accidents this year, the Buckle up America initiative began proactively urging people to be cautious on the roads, with the simplest tip offered being (not surprisingly) to buckle up. Their website this year first greets viewers with a simple message beneath a photo of a sumptuous holiday spread. "Your family is expecting you. So, please buckle up," the caption reads.

Continue reading "Buckle Up: Holiday Driving Accidents on the Rise as Thanksgiving Approaches" »

Georgia is one of 38 states that currently have a ban on texting while driving. Previously, we've discussed the distracted driving law that passed in Georgia nearly two years ago. As a recap, current prohibitions include:

- Text messaging banned for all drivers. Fines of $150.
- Drivers under the age of 18 prohibited from using cell phones, regardless of whether a hands-free device is attached. Also bans computer use. Fines of $150.
- School bus operators prohibited from using cell phones while driving, if passengers are present.

However, news coverage since the passing of the legislation has served to only highlight the statute's many flaws and arguable ineffectiveness. In fact, as of October 2012, only about 1300 tickets have been issued under the distracting driving laws, according to the Department of Driver Services in Georgia. It has been so unsuccessful that many senators are considering presenting supplemental hands-free legislation during the 2013 session. Young drivers continue to struggle with compliance (http://blog.attorneyclientmatch.com/2011/12/texting-while-driving-a-problem-for-young-motorists-nhtsa-unveils-new-distracted-driving-measure-and.html) and car accidents brought on by distracted drivers continues to plague the country with ever-increasing frequency.

Both personal injury attorneys and law enforcement officials, it seems, are taking notice. Many have noted that enforcing the laws are extremely difficult, if not borderline impossible. A driver may indeed be pulled over for texting while driving, but officers are hard-pressed to confirm their suspicions, especially when gaining clear evidence may entail illegal search and seizure of a motorist's mobile device. In light of this, many states are considering an experimental technique - actually "spying on motorists while they drive."

Continue reading "Police Resort to Spying on Distracted Motorists in Order to Curb Car Accidents" »

The United States has recently seen one of the most distressing and deadly outbreaks of fungal meningitis in years. While not contagious, fungal meningitis is an infection of the membranes covering the brain and spinal cord with symptoms include headache, fever and nausea, and even death. This particular outbreak has gradually morphed into a medical scandal of sorts, with multiple media outlets covering the story after the source of the disease was traced back to one U.S. company that, unfortunately, had a wide-reaching arm. In the wake of the health scandal, the New England Compounding Center (NECC), the Massachusetts-based company responsible for distributing hundreds of contaminated vials of steroids across the country has finally recalled the product.

Unfortunately, despite these corrective measures, according to the U.S. Centers for Disease Control and Prevention (CDC) the number of reported cases has continued to increase at an alarming rate, with approximately 205 incidents reported across 14 states. Of those cases reported, fifteen deaths have ensued, with Tennessee being the hardest-hit state. Even more cases may soon emerge, since an estimated 14,000 people were in receipt of the vials.

For medical malpractice attorneys, the outbreak has brought attention to the possible need for reform in the medical malpractice arena. At the same time, in engaging in conversations about it, many of us are aware that all too often regulation changes do not come until after a large scale incident like this one has already occurred. So where exactly did the problem stem from, and were there warning signs that this might happen?

Continue reading "Meningitis Scandal Sparks Conversations about Regulation Reform in the Medical Arena" »

Often, when a person finds themselves on the injured end of a car wreck, plaintiff' personal injury attorneys know that a significant part of the pre-litigation and/or settlement process is gaining access to the medical records of their clients. Medical records are important for several reasons. For one, they provide documentation of previous injuries, thereby allowing attorneys to more effectively identify pre-existing injuries versus injuries that were sustained as a direct result of the accident in question. This is particularly helpful when it comes to proving causation. Medical records also help determine whether a pre-existing condition may have been exacerbated by the car crash. When it comes to settlement, a doctor's record of the helps attorneys more accurately figure exactly how much money to request during settlement, or when it comes to litigation, how much money might be requested in terms of damages.

However, maintaining the medical privacy of plaintiffs is just as important as acquiring access to those records. In fact, medical providers may be held liable if such records are released without the voluntary consent of the patient. The primary way that medical providers circumvent liability is to require that anyone requesting a patient's records first acquire the patient's permission vis-à-vis a HIPAA form. "HIPAA" is an abbreviation for the Health Insurance Portability and Accountability Act of 1996, a law whose primary purpose is to ensure the protection of all patients' right to medical privacy and to prevent unnecessary disclosures of medical information. In many cases, doctors, however, may still disclose a patient's PHI (Permissive Disclosure) without consent, especially if said information is related to treatment, payment or health care operations. The Act took effect in April of 2003, and while welcomed by most patients and consumer advocacy groups, many medical providers have found it to be a pain to conform to the new privacy standards that were implemented by the rule, even today - almost a decade later.

Continue reading "Million Dollar Settlement Reached in Medical Privacy Violation Case: Patient Privacy Pivotal for Personal Injury Plaintiffs" »

A small victory for property owners took place in the legal arena this summer. In July, Georgia's Supreme Court upheld the validity of a key tort reform law that permits juries to consider "the fault of [a personal injury plaintiff's] assailants and apportion the amount of the damages based on the percentage of all those responsible for the attack." The court also said a jury can receive a special verdict form requiring it to decide how much the [property owners] and "the assailants should pay, should the jury find them liable," according to a report in the Atlanta Journal-Constitution.

By an overwhelming vote of 5-2, the high court made this decision in response to a case involving an Atlanta Red Roof Inn hotel owner and a patron who was attacked on the hotel's premises by persons unknown. The victim sued the "owners for failing to keep their premises safe and provide adequate security." Property owners are, of course, delighted that the tort reform law has been upheld, as it drives down costs for what they often deem to be unfortunate circumstances over which they have absolutely no control. Personal injury plaintiffs' attorneys are concerned, however, that this ruling will have the unfair result of preventing victims from being "fully compensated for their injuries."

Continue reading "Georgia Supreme Court Elects to Uphold State Tort Reform Law That Divvies Up Damage Awards To Plaintiffs In Premises Liability Cases" »

The American Trucking Associations have finally put enough pressure on the Federal Motor Carrier Safety Administration (FMCSA), compelling it to "make available a study of the links between Compliance Safety Accountability (CSA) violations and crash risk used to develop its methodology for assigning carriers' CSA scores," says The Trucker. In a recent statement, FMCSA indicated that it would soon make the Violation Severity Assessment Study Report, which was published in 2007, publicly available through the Compliance, Safety, Accountability program docket found at www.fmcsa.dot.gov. The Associations allege that they have been requesting the results of the study in writing since 2010. The research, the motor carrier publication The Trucker reports, examined the use of police reports to determine accountability when it comes to trucking accidents. The various associations came together in a demand for the study in the hopes that it would allow them to "evaluate CSA and other substantial proposals to improve it."

For many Atlanta truck accident attorneys the FMCSA's delay in granting the requests of the Associations comes as a surprise, especially since the agency purports that its primary goal is to strengthen commercial vehicle and driver safety. Created in 2000, the agency was designed to regulate trucking practices in the United States.CSA is a comprehensive program administered by the FMCSA under the authority of the Department of Transportation. The CSA program is meant to improve motor carrier and bus safety by reducing crashes, injuries, and fatalities by providing evaluations of the safety performance of carriers and drivers and identifying behavior patterns that may result in unsafe operations.

Continue reading "Federal Study on Motor Carriers and Trucking Accidents Suggests Link to CSA Violations" »

As you may have read, I recently wrote regarding lawsuits that are currently pending in Mississippi, where the proponents of the suits are seeking to have the stat's cap on tort damages overturned. However, it seems that Mississippi is not the only state that is currently facing this issue. In Missouri, after winning a recent lawsuit challenging the state's noneconomic damages cap, Missouri doctors continue to fight another battle threatening to overturn the recovery limit, while Plaintiffs' attorneys continue to seek to overturn the limit.

According to Amednews.com, the Supreme Court of Missouri ruled on April 3rd in Sanders v. Ahmed that the state's noneconomic damages cap for medical malpractice or medical negligence cases was constitutional. The cap, adopted in 1986, impacts cases in which the alleged negligence happened before 2005. The limit was enacted at $350,000 but is now at more than $600,000 due to inflation. The second suit, which the state high court has yet to decide, centers on Missouri's latest $350,000 award limit. The cap impacts all medical liability or medical malpractice lawsuits starting in 2005. A decision in the case, Watts v. Cox, is expected by the summer, said attorneys involved in the case.

In Sanders v. Ahmed, a patient's family said the cap used to reduce their jury award from $9.2 million to $1.2 million violated the Missouri Constitution. The family had filed a wrongful death claim on behalf of Paulette Sanders, who died in 2005. Relatives claimed neurologist Iftekhar Ahmed, MD, failed to recognize and treat a fatal side effect resulting from a medication he prescribed to Sanders. Dr. Ahmed denied wrongdoing.

After winning at trial, the family filed a motion fighting the award reduction. A trial court upheld the reduction, and the family appealed. In their opinion, Supreme Court justices said the Legislature has the authority to enact damages caps.

"The remedy available in a statutorily created cause of action is a matter of law, not fact, and not within the purview of the jury," the court said. "To hold otherwise would be to tell the Legislature it could not legislate; it could neither create nor negate causes of action and in doing so could not prescribe the measure of damages for the same. This court never has so held and declines to do so now."

Continue reading "Missouri Supreme Court Upholds State's Cap on Non-Economic Damage" »

According to Gulflive.com, a state judge has declared a legislatively imposed cap on how much juries can award in non-economic damages unconstitutional. Circuit Judge Charles Webster in Coahoma County issued the ruling April 20 in a 14-page opinion. He criticized the Legislature for intruding into judicial authority. Webster's ruling came in a motion filed by Cleveland attorney Ralph E. Chapman in lawsuit seeking damages in the wrongful death of a child in an apartment complex fire.

A Coahoma jury in September returned a verdict for the plaintiffs that included $6 million in non-economic damages. State law that went into effect in 2004 limits awards for non-economic damages to $1 million. The cap applies to what a jury can award for things such as pain and suffering. The limits on damages were adopted by Mississippi lawmakers after years of contentious wrangling over tort changes.

Chapman said Tuesday that the plaintiffs sought the ruling on grounds the cap is unconstitutional. "We never knew what the judge would do until we got the order. As far as I can tell it's the first such order any trial judge has given on the issue. I do expect it to go before the Supreme Court," Chapman said. Greenville attorney Andrew N. Alexander III, representing the apartment complex owners, declined comment on the case. He said several motions remained to be addressed by the judge.

As reported by Gulflive.com, Judge Webster noted in his ruling that a lawsuit addressing caps on non-economic damages is already pending before the Supreme Court. However, he said the lawsuit dated back seven months and the parties in the case deserved a decision. Webster said he had agreed to hold off until Feb. 1, a deadline long passed. The Supreme Court has a number of appeals pending on tort changes.

But the main case is not really a case. It is a query.

Continue reading "The Resolution of Two Personal Injury Cases May End Mississippi's Cap on Non-Economic Damages" »