Deadly Georgia Hit-and-Run Car Accident Claims Toddler's Life

April 8, 2014

The hunt continues for the driver of a white, late model pickup truck in Georgia. Officials say the motorist is responsible for callously striking two young children in DeKalb County Saturday afternoon as they waited on the sidewalk, near the entrance of a Tucker Walmart, to cross the street with their mother. Witnesses to the crime reported that they noticed the vehicle erratically making its way down the street just moments before the fatal accident.

One mall patron told local news channels in an interview that she very narrowly missed being hit by the motorist herself, only moments before the driver hopped over a curb, mowed down a two-year old toddler, Caleb, and his older sister, Meyaria, and sped off. Another witness reportedly told investigators that after the driver struck the children, he stopped briefly a few feet away to throw a beer bottle from the vehicle's cab. It's possibly an aggravating circumstance but, unfortunately, by the time he is caught, it will more than likely be too late to determine his blood alcohol content (BAC).

The two children were immediately transported to a local hospital. Their mother was not injured. Meyaria, 4, survived and is expected to recover, but 2-year-old Caleb tragically succumbed to his injuries. The local community is already vocalizing its grief and disbelief that someone could commit such a heinous act. The location where the pedestrian accident occurred has quickly become a shrine - with sympathizers leaving behind flowers, balloons and stuffed animals in memory of the deceased child.

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Driving While Drowsy to Blame for Thousands of Car Accidents Every Year

March 31, 2014

In recent years, many states, including the state of Georgia, have placed an even greater emphasis on the importance of curbing instances of distracted and drunken driving. Millions of dollars have spent on ad campaigns designed to directly target motorists to who text and drive, with one of the most noticeable campaigns being the "It Can Wait" campaign. This and similar campaigns use celebrity endorsements to solicit pledges from drivers to refrain from texting and driving. What the public fails to realize, however, is that another, just as dangerous activity has been contributing to upwards of 17 percent of fatal car crashes per year--yet, for some reason, it doesn't garner nearly as much attention.

Driving while drowsy is one of the top reasons thousands of Americans are involved in a car crash, with the National Highway Safety Administration (NHTSA) citing it as the cause for upwards of 100,000 accidents annually. In 2010, the AAA Foundation for Traffic Safety (AAAFTS) reported that two out of every five drivers (approximately 41 percent) reported falling asleep or nodding off while driving and, with episodes of drowsy driving primarily making an appearance after midnight (and, on a slightly smaller basis, during the mid-afternoon), certain groups of motorists, including younger drivers, commercial drivers, shift employees and people with untreated sleep disorders, are more susceptible to the phenomenon.

According to the NHTSA, because of the higher speeds and slower reaction times sleepiness causes, car accidents associated with drowsy driver are more likely to be serious or even fatal than the average car crash, with higher rates of morbidity and mortality. In fact, the behaviors characterizing drowsy-driving are eerily similar to those of inebriated drivers or drivers otherwise distracted. Unlike, drunk driving, however, there exists no instrument by which police officers can measure the degree of someone's "drowsiness" post-accident. This can interfere greatly with an investigation in the accident's aftermath and means that deterrence becomes even more important.

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Father Charged in Death of Own Child in Smyrna, Georgia DUI Car Accident

February 25, 2014

Fatal car accidents occurring as the result of a motorist driving under the influence of drugs or alcohol are always tragic. Just as unfortunate, is when the resulting car crash claims not only the lives of other, innocent motorists but also the lives of the inebriated motorist's own passengers. All too often, we hear about the negligence of an irresponsible parent leading to the injury or death of a child. Such a situation is even more heartrending because children are essentially defenseless.

Barely able to walk, let alone see over a steering wheel or reach foot pedals, children are not qualified to be designated drivers. They cannot protest when their inebriated parent loads them into a vehicle, or drunkenly permits them to drive. They cannot confiscate the car keys from their parents' hands, and neither can they call for a ride. Oftentimes they are too young to fasten their own seatbelts and they certainly are incapable of properly installing their own booster seats. Instead, that's a duty to be fulfilled by their parents. It's most unfortunate that the people responsible for ensuring their children's' safety often fail to recognize the gravity of their responsibility - until it's too late.

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Snow Jam 2014 Culminates in Hundreds of Car Accidents, Few Injuries for the City of Atlanta

January 31, 2014

The names that people invented for this winter's catastrophe were just about as interesting as the snow storm itself, if not more so. From now on, the 2.6 inches of snow that effectively debilitated the entire city of Atlanta, Georgia for almost three full days and caused hundreds of auto accidents will be known alternatively as Snow Jam 2014, Snowpocalypse, and/or Snowmageddon. While one of those monikers sounds oddly like a concert title (and accordingly conjures up images of youths frolicking (see: jamming) about to their favorite tunes), the actual event was anything but. The city leadership's alleged ill-preparedness made it the butt of jokes nationwide, but for the people trapped inside the perimeter the distress caused by the storm was certainly no laughing matter.

Snow Storm Leon began early Tuesday, and by the end of the evening had culminated in hundreds of car accidents, abandoned cars and general headaches (see: migraines) for the city's citizens - and still the wind and snow continued to blow. Emergency vehicles were unable to access accident scenes due to the bumper-to-bumper traffic that resulted as everyone tried, en masse, to escape the storm in favor of the comfort of their homes. Many motorists elected to pull over and walk, and even more people found themselves spending the night in their cars as the storm continued and freezing temperatures made the icy roads too treacherous to traverse. Parents resorted to using 4x4s to pick up their children who were stuck at schools. At one point, the Atlanta Journal-Constitution reported that emergency lines were receiving 300-400 calls on the hour.

By Tuesday night, conditions were so bad that police officials were allegedly only responding to auto accidents that involved more than two cars - and there were plenty of those. In fact, a majority of the accidents involved tractors trailers and multiple car pile-ups. Wednesday saw the snow begin to melt, only to re-freeze as temperatures dropped again, once again confining people to their homes. Thursday, motorists were still being warned about icy patches throughout the state as government workers began the cleanup process. By dawn on Friday morning, CNN reports that more than 2,029 cars that had not yet been claimed by their owners were towed from various locations throughout the Atlanta metro area.

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Georgia Truck Crash Due to Possible Brake Failure Nets $3.2 Million Verdict

January 21, 2014

A jury of 12 deliberated for 12 hours before returning to the courtroom with a favorable verdict for the plaintiffs, a husband and wife from Flowery Branch, Georgia who were the unfortunate victims of a horrendous truck accident. After almost three years and countless hours of preparation, the Parks received an award in the amount of $3.2 million - but only after allegedly faulty brakes on the Defendant driver's truck forever changed their lives. During the summer of 2011, the Parks were traversing I-85 when they noticed a HERO truck partially blocking the roadway. Ever-cautious, they stopped for the truck, as did another driver in front of them. However, a third vehicle, a truck owned by Atlanta Dealer Trades, failed to stop when the driver, Jessie Arnold, unsuccessfully applied the brakes. He proceeded to plow into the Parks' car from behind, "pushing their car 60 feet ahead and into another vehicle," according to the Daily Report.

The truck then proceeded to strike the car that had been in front of the Parks' car as well as the HERO vehicle, before finally coming to a rest on the highway. The truck had been recently purchased from another company, JCF Autotransport, Inc., and Atlanta Dealer Trades accordingly sought to have some degree of fault apportioned to that second company due to their alleged failure to maintain the truck's brakes. The Plaintiffs, however, dropped the second company as a defendant after their investigative efforts turned up no evidence of faulty brakes and the DeKalb County Court subsequently declined to allow the company to be included on the verdict form. Defendants plan to file an appeal and challenge both the Parks' claims for damages and the apportionment issue.

In total, the Parks accrued $200,000 and $154,173 in medical bills, respectively, with the need for additional medical services anticipated in the future. Damages requested included those amounts as well as attorney's fees, and estimated lost wages for six months (in the amount of $5,000 per month). All claims for punitive damages were dropped once it became clear that the jury was struggling to justify such a move. Once they were taken off of the table, the jury rendered the remainder of its verdict with relative ease.

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Atlanta Medical Malpractice Retrial Worth a Potential $50 Million Commences in Cobb County

January 8, 2014

According to the Daily Report, at the center of a medical malpractice retrial in Cobb County, Georgia, is whether an obstetrician will be held liable for a baby born with brain damage in 2008. The baby in question, Tucker Sutton, also called "Mighty Tuck" by his loved ones, sustained the injuries when he became trapped in his mother's birth canal for 1 minute and 58 seconds - what would have been a death sentence to most. Baby Tucker, however, survived--although he is likely to deal with the resulting health complications for the remainder of his life. In what the news medium has dubbed a "battle of expert witnesses," experts are expected to debate whether severe brain damage could have been avoided if the defendant obstetrician had delivered the child sooner and by cesarean section.

The previous case, which was tried in 2011, ended in a mistrial "with jurors reportedly favoring the defendant hospital and hung on the defendant obstetrician." In that first trial, the plaintiff parents requested damages of $50 million - estimated lifetime costs associated with the child's care. The hospital settled for an undisclosed amount, leaving the doctor as the only defendant in this case. Despite the settlement, and at the insistence of the obstetrician's counsel, however, the jury will be allowed to apportion fault to the hospital, resulting in a decrease in the amount of any damages the doctor might have to pay.

According to the defendant, the plaintiffs' birth plan called for a vaginal delivery and there was no viable medical reason to change the plan. The plaintiffs, on the other hand, believe a cesarean section could have mitigated their son's injuries. Upon hearing this, Georgia Medical malpractice attorneys immediately recognize that the crux of the problem is that C-sections in and of themselves, are not inherently risk-free. In fact, the defendant's attorney did not hesitate to point this out, telling the jury that the doctor did his part. ""C-sections are not risk-free," the defendant's attorney stated. "They carry with them their own complications, especially when infection is present like with this mom." Plaintiffs argue, however, that after the vaginal birth commenced and it became clear there would be complications, the defendant's inaction and purported negligence increased the risks for injury, which is why the doctor's actions are being called into question in the form of a medical malpractice claim.

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Major Jury Award in Troup County, Georgia Transport Accident Case

December 30, 2013

A Troup County jury has awarded the 94-year-old father of a disabled woman, Mary Ellen Humphrey, upwards of $3 million dollars after she was fatally ejected from a transport vehicle following a LaGrange, Georgia car accident. Pivotal to the plaintiff's victory in his wrongful death action, Greg Lands reports in the Daily Report's December 30 issue, was evidence that "restraining straps that should have been installed on the stretcher were missing." The single 63-year-old woman, who suffered from paralysis in her legs among a plethora of other health problems, had resided at a nursing home facility for approximately four years and required transport to and from the West Georgia Dialysis Center three times per week.

Ms. Humphrey had been placed on the stretcher and loaded onto a transport minivan owned by Brilansie Enterprises for a return trip from West Georgia Dialysis shortly before the 2010 auto crash. The resulting wrongful death suit was filed against the defendant driver (who perished later in an unrelated event), the executor of the defendant driver's estate, the driver of the transport van, Brilansie Enterprises (the transport company) and its insurer, and Southeastrans Inc., an Atlanta-based company that engages subcontractors who in turn provide NET to Medicaid and Medicare patients.

Evidence produced showed that Ms. Humphrey had been restrained by three straps across her torso when the defendant driver struck the vehicle, but the shoulder straps were conspicuously absent once she was extricated from the vehicle. The force of the impact "threw her forward from beneath...[the torso straps] and into the driver's seat 'with such force that it bent,' then continued forward, with her head slamming into the front console and her body wedged beneath the two front seats," according to the Daily Report's interpretation of the pre-trial order. Her injuries, which resulted in her death at the scene, included 18 broken ribs, a skull fracture, and a broken femur.

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Three-Year-Old Truck Accident Personal Injury Case Presents Additional Questions Regarding Liability

December 9, 2013

It was almost three years ago that Kevin Boyer of North Dakota was driving his three children home in the family van when they were suddenly struck by a tractor-trailer with a double-trailer rig. Two of his children perished in the crash, leaving both Boyer and the third child, a three-year-old son, critically injured. One son was ejected from the vehicle and into the snow, while Boyer's daughter was discovered partially ejected through a rear window. Boyer and his surviving child were taken to the hospital, where they eventually recovered, but the effects were long-lasting and included the demise of Boyer's marriage. Although Boyer and his wife began divorce proceedings only weeks after the devastating truck accident, they finally came together in 2012 to file a civil lawsuit against the truck driver.

A local publication, The Grand Forks Herald, reports that Plaintiffs allege the driver "violated federal regulations by driving too many hours without rest and using a prescription painkiller that causes drowsiness." The driver, Steve Nelson, has not disputed those claims and, in fact, served a one year sentence after pleading guilty in 2011 during a related criminal case which encompassed two counts of negligent homicide and one count of reckless driving, with all but 60 days of his sentence being suspended. The remaining 60 days were spent on house arrest and an additional 100 hours were spent doing community service.

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Deadly Infection in Medical Malpractice Case Wins Georgia Man $6.7 Million Verdict

November 25, 2013

The medical malpractice case of Muscogee County former cotton mill worker, Thomas Jackson, lasted for an agonizing eight days, but the resulting $6.7 million jury verdict against a local surgeon may not be as cut-and-dry as it seems. The jury awarded the plaintiff $5.2 million for his medical malpractice claim, and an additional $1.5 million was to go to his wife, Linda, for her loss of consortium claim. A policy limit of $2 million, however, means the man and his wife will likely collect no more than that amount for a hernia repair surgery that culminated in a deadly bacteria infection which almost claimed Mr. Jackson's life in 2002--all of this according to the Daily Report.

The plaintiffs' medical malpractice attorney attributes the enormous verdict to fact that the doctor who performed the surgery, absolutely absolved himself of any responsibility. "The doctor's refusal to accept any responsibility got the jury's attention, and I don't think they liked it," he told the Daily Report. Plaintiff Jackson alleged that the doctor nicked his intestines during surgery and then failed to "adequately inspect Mr. Jackson's bowel for signs of bowel perforation, specifically including areas of the bowel that he admits were injured during the surgery."

To make matters worse, it wasn't until four days after the initial surgery that the doctor returned Jackson to the operating room to repair the injury and even then, it was only at the insistence of a Morehouse medical student who suspected the source of plaintiff's infection might be his stomach. By then, however, it was too late and the infection had firmly set in. In its own defense, the hospital where the surgery took place, the Medical Center of Columbus, claimed that the doctor's actions constituted recognized risk on the part of Mr. Jackson, as opposed to medical malpractice, yet it went on to settle with the plaintiffs prior to trial for an undisclosed amount. The doctor stubbornly refused to settle and denied liability up until the very last day of trial. Jackson credits the Morehouse student with saving his life.

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Negligent Drivers May be Responsible for Safety of Passengers in Car Accidents

November 7, 2013

A Georgia motorist, Dominic Moceri, was recently sentenced to 15 years in prison for his role in a fiery car crash that claimed the life of his female passenger six years ago. The Athens man was found guilty of homicide after his attempts to outrun police following an attempted traffic stop culminated in him crashing into a utility pole. Brenna Garrison, a 26-year-old separated mother of young two children and former University of Georgia accountant, was fatally ejected from the car after the violent impact sheared off the passenger's side of the vehicle. Prosecutors said she had been wearing her seatbelt at the time.

According to the Athens Banner-Herald, the pursuing officer's dashboard camera captured the events as they unfolded - and the tape was subsequently played for the jury at trial. The officer had witnessed Moceri driving erratically only moments before the car accident. While some might claim the video was prejudicial, experienced plaintiff's personal injury attorneys can see the benefit in allowing the jury to see exactly what happened. Prosecutors theorized that Moceri, who had just recently begun to date the victim, fled from the police because he believed he was legally drunk. At the time of trial, however, Moceri blamed the accident on a defect in his BMW that caused him to accelerate suddenly. It was a defense that did not fly with jurors, especially once they saw the dashboard tape.

Garrison's husband, who continues to care for the couple's children, always believed that he and his wife would have reconciled, had she lived. If he and/or other family members so choose, in addition to the criminal proceedings, they may elect to file a wrongful death lawsuit, alleging negligence on Moceri's part.

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Anticipated Halloween Traffic A Cause for Concern for Both Trick-or-treaters and Motorists

October 31, 2013

Commuters this Halloween have already been forewarned to expect rush hour traffic to begin ghoulishly early on October 31st, with projections for congestion beginning as early at 1 pm. Experience itself suggests that no matter how early you leave work or how earnestly you plan beforehand, chances are you will be ensnared in some form or other of traffic congestion tonight as parents and children alike rush home to prepare for a rousing night of "trick or treats!"

Atlanta personal injury attorneys know all too well that when it comes to holidays, people tend to inadvertently throw caution to the wind. With rain in the forecast this time around, there may be cause for extra concern. There are also Halloween street closures to contend with. Drivers should be warily on the lookout for other frustrated citizens looking to make it home before nightfall using alternate and, accordingly, unfamiliar routes.

Furthermore, motorists should be especially mindful of the children who will take over the streets tonight. During the fall months darkness falls earlier so it will be even more difficult to see costumed little ones as they cross roadways, darting between houses...and cars. With an environment like that, some type of pedestrian accident seems almost inevitable.

Even if they've been cautioned against running into traffic, on this particular night children have one-track minds. That is because, for children, Halloween equals candy. For adults, on the other hand, Halloween fun often amounts to generous amounts of libations, which is especially dangerous on a night that calls for greater responsibility. Reflexes need to be exceptional under holiday conditions like these so it is paramount, more so than ever, that people operating vehicles don't drink and drive.

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Truck Driver at Fault in Fatal Atlanta Truck Accident: Negligence to Blame

October 28, 2013

Even the most skilled motorists occasionally experience a modicum of nervousness when passing big rigs - also known as the behemoths of the road. The sheer size of trucks, tractor-trailers, 18 wheelers and semi-trucks has inspired the common belief that a truck accident with one of those vehicles necessarily results in a proportionally larger number of fatalities and/or debilitating injuries when compared to car accidents. Factor in truck driver negligence, couple that with unsafe driving conditions or other unexpected, outside influences (such as distractions, fatigue or defects in loads or vehicles), and any capable truck driver attorney would immediately tell you you've concocted a recipe for disaster.

Truck driver negligence, which is one of the leading causes of trucking accidents, is typically be attributed to the feeling of invincibility engendered by the insulation a cavernous truck cab seemingly provides against the world. That particular feeling, as one tractor-trailer driver in Gwinnett County, Atlanta recently discovered, is a mere illusion. The Atlanta Journal-Constitution reports that over the weekend, Gwinnett police arrested 35-year-old truck driver Raymond L. Hatt Jr., 35, of Manton, Georgia for his purported role in a fatal truck accident.

According to police officials, Hafiz M. Ilyas, 40, of Marietta, was traveling southbound on I-85 in the far right lane when Hatt's 18 wheeler cut off his vehicle. In attempt to avoid hitting the truck's trailer, Ilyas swerved his green Toyota Camry onto the shoulder of the highway before losing control and striking Hatt's truck as his Camry reentered the roadway. His car became trapped under the trailer and caught fire. Ilyas, unfortunately, perished at the scene. Hatt was subsequently charged with making an unsafe lane change, failing to signal and second-degree vehicular homicide.

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Product Liability Suit in Boating Death Results in $10.2 million Verdict for Widow

October 17, 2013

Five years ago everything changed for the wife and children of 45-year-old Chris Jones. After motoring his yacht to a Lake Lanier marina in Atlanta, Georgia for engine repairs, Jones made the fatal decision to spend the night on his boat and run the air conditioner using the generator - a practice his family had safely engaged in many times before. This time, however, and a mere few hours later, the husband, father of three and owner of a successful catering business would perish of carbon monoxide poison.

According to the Daily Report , an eight-day products liability claim filed by Jones' widow in DeKalb County, Georgia against the boat manufacturer has finally culminated in a $10.2 million verdict for the surviving members of his immediate family.

Plaintiff's product liability lawyer successfully convinced the jury that faulty boat design lay at the crux of the case, and that Defendant Genmar Yacht Group failed to warn consumers of the associated risk that carbon monoxide could back up into the closed cabin, resulting in the asphyxiation of anyone who had taken shelter there. Some of his biggest supporting arguments were that the boat design failed to comply with carbon monoxide standards as established by the American Boat and Yacht Council (ABYC), and that the boat's alarm system failed to alert the decedent to any danger.

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October Dog Bite Attack Shuts Down Atlanta High School, Puts Minor Student in Hospital

October 9, 2013

Leash laws are designed to prevent attacks of the kind that took place on the campus of Carver High School yesterday. Students on lunch break at the high school, which is located in Fulton County, Georgia, were on the baseball field when the dog attack occurred. Witnesses told the Atlanta Journal-Constitution that what appeared to be two pit bull terriers charged onto the field at around 1 pm, but Fulton County Animal Services later confirmed that the animals were Rottweilers. Both are considered by many to be dangerous breeds.

One male student received a severe dog bite to the face, and was saved only by the high school's quick-thinking principal. The student was transported to Grady Memorial Health Hospital, where he awaits reconstructive surgery. His father says the 16-year-old was in so much pain that he had to be sedated and more than likely will need two or more surgeries to repair the damage that was done to his face. The owner of the animals has yet to come forward. There is no word of what prompted the attack and, as of today, the vicious dogs have eluded capture. It's the second dog bite attack of a minor that has made Atlanta news this week and has people once again turning an eye to the Georgia law that governs these cases.

Georgia's dog bite statute provides the following:

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. O.C.G.A. ยง51-2-7.

Aside from the general dog bite statute, each city may also have its own ordinance governing dog bites and leash laws - a fact which tends to add to the complexity of dog bite cases. If you are attacked a dog bite attorney will be best equipped to research the local laws that may be most pertinent to your particular case.

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Drunk Driver Causes Death of Motorcyclist in Fatal Atlanta Collision

October 1, 2013

The Atlanta Journal-Constitution reports a 24-year-old motorist crossed the center line of a Georgia roadway and struck a motorcyclist in the early hours of the morning just last month. The pair was traveling in opposite directions on Ponce de Leon Avenue in Atlanta when the auto accident occurred. Reports by DeKalb County police indicated that the driver of the car was heavily under the influence of alcohol at the time. He was accordingly charged with driving under the influence, first-degree vehicular homicide and failure to maintain lane. The 58-year-old victim expired at the scene.

The accident was discouraging for motorcyclists, who already have to deal with a bevy of dangers on the road as it is. When it comes to a competition of survival between a car and a motorcycle, the car passes Darwin's test every time. Without the extra protection that the body of a car provides, motorcyclists are particularly susceptible to being physically harmed or killed when involved in an accident. In situations like that, helmets and protective gear provide little comfort.

A distracted or negligent driver may easily overlook and collide with motorcycle (or scooter...or bicycle, for that matter) and adding alcohol into the mix only makes things worse. Alcohol slows a driver's reaction time and impairs their ability to successfully maneuver a vehicle without incident. Case in point: Crossing over a clearly demarcated center line and striking an oncoming vehicle.

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