Attorney Client Match Blog

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" »

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" »

Parents of teenage drivers may be relieved to learn that teen drivers and passengers are more likely to use seat belts if they're in states with primary-enforcement seat belt laws, often promoted as "click it or ticket" laws, a new study finds. This likely hood may also lead to a lessening of injuries sustained by teens in the unfortunate event that they are involved in an auto accident.

These seatbelt laws, which are sometimes referred to as "click it or ticket" laws may be implemented as either primary to secondary laws. A primary law allows police to stop and ticket drivers solely for not wearing a seat belt. Under a secondary law, police can only ticket unbelted drivers if they are stopped for other reasons, such as speeding.
Primary seat belt laws have been proven to reduce death rates in traffic collisions, according to the report published in the April 19th online edition of the American Journal of Public Health.

According to Healthday.com, in the new study, researchers examined data from more than 3,000 U.S. high school student drivers who took part in the 2006 National Young Driver Survey. The analysis revealed that teens in states with secondary laws were 12 percent less likely to wear a seat belt when driving and 15 percent less likely to do so as a passenger than teens in states with primary laws.

In addition, the investigators found that in states with secondary laws, teens' use of seat belts decreased as they progressed from learner to unrestricted license holder. This did not occur in states with primary laws. Thus, it appears that primary seatbelt laws are more effective in deterring teens from driving without seatbelts.

Continue reading "Stricter State Seatbelt Laws May Lead to Fewer Auto Accident Injuries Sustained by Teens " »

A car accident doesn't end when the vehicles involved cease to move. A car wreck, especially one with fatalities, can have far-reaching effects - on traffic, on witnesses, and most significantly on the families left behind. It can be a challenge determining exactly what happened, when it happened and who was involved. But oftentimes, another, different issue is added to the mix. Local officials in Atlanta, Georgia face a challenge of a different sort. In a city where traffic becomes snarled as soon as rush hour (a more accurate phrase would be "rush hours") hits, a car crash can cause significant and long-lasting damage. The response times of both police officers and medical officials are slowed by the already high volume of motor vehicles on the road, and the bystander delays that result when an accident occurs exacerbate the problem and increase the likelihood that emergency crews will be injured or secondary accidents will occur.

A checklist published by one state's transportation organization highlights the importance of quickly clearing an accident scene - and it is a checklist that appears to be fairly standard across the national board. In fact, the first three priorities include: 1.) Life safety and attending to the injured at the scene. 2.) Incident stabilization and minimizing any impact the incident may have on the surrounding area and 3.) Restoring traffic to normal and reopening the roads as soon as possible. In Atlanta, officials have already spent millions on various instruments and programs designed to increase the safety of clearing accident scenes and preventing delays. Yet even though the Georgia Regional Transportation Authority says instruments like digital signs, HERO units, and mounted cameras have cut response times, for some reason, as car accident attorneys in Atlanta are well aware, these things do not seem to be working as well as they could.

Continue reading "Deadly Car Accidents Challenging Atlanta Officials to Increase Response Times" »

Personal injuries or wrongful deaths that are caused as a result of car accidents are always tragic, especially when they could have easily been avoided. Some of the most tragic incidents of automobile accidents are when they involve children. According to KidsAndCars.org, a nonprofit group that pushed the government to begin tracking such tragedies, on average, two children die and about 50 are injured every week when someone accidentally backs over them in a vehicle.

As reported by The New York Times, federal regulators have finally decided to do something about at least some of the senseless deaths and injuries caused by automobile accidents. Federal regulators plan to announce that automakers will be required to put rear-view cameras in all passenger vehicles by 2014 to help drivers see what is behind them. The National Highway Traffic Safety Administration (N.H.T.S.A.), which proposed the mandate in late 2010, is expected to send a final version of the rule to Congress very soon.

Cars are filled with safety features that have been mandated by government regulators over the years, including air bags. But, the rearview camera requirement is one of the biggest steps taken to protect people outside of a vehicle. Regarding the matter, Clarence Ditlow, executive director of the Center for Auto Safety in Washington stated, "We haven't done anything else to protect pedestrians. This is one thing we can do and should do."

A spokeswoman for the highway traffic safety agency declined to make a comment to The New York Times before the new rule was announced. However, in a preliminary version circulated for public comment, regulators predicted that adding the cameras and viewing screens will cost the auto industry as much as $2.7 billion a year, or $160 to $200 a vehicle.

Continue reading "New Rule Requiring Rearview Cameras in All Passenger Vehicles May Help Prevent Automobile Accident Injuries" »

Recent years have seen a trend that is especially disturbing to car accident attorneys: at-fault drivers suing their victims or victims' families. In 2010 a teenager on trial for the vehicular homicide of a pregnant woman and her son sued the victim's family in civil court. In that case, a failed suicide attempt was the impetus for the crash. In what some might say was a weird twist of events, she then sought to be compensated for mental pain and suffering, loss of income and medical expenses she incurred following the car accident that she caused.

This week, almost two years later, a Tampa Bay man convicted of driving while under influence (DUI) and causing a crash that resulted in the deaths of three people, announced that he has decided to sue the victims, and his sibling lawyer stands beside him. Much like the teenager in the earlier case, David Belniak is seeking compensation from the estate of the deceased driver, claiming the other driver actually caused the crash. Belniak, who was convicted and is now serving a 12-year jail sentence, seeks more than $15,000 in compensation for medical bills, "pain and suffering," and "loss of capacity for the enjoyment of life" - also known as incarceration.

It's a lawsuit that could definitely backfire on him - six witnesses identified him as the man who was driving 70 to 90 mph before rear-ending the victim's car as he idled at a stoplight. Having already agreed to a plea deal to escape life imprisonment, Belniak's new allegations could turn a sympathetic jury against him completely.

Continue reading "Drivers Sue Deceased Victims for Car Accidents: Georgia Representative Seeks Passing of Bill that would Give DUI Drivers Clean Slate " »

On August 29, 2011, the Supreme Court of New Jersey ruled that a statute barring uninsured motorists injured in automobile accidents from recovering also applied to the heirs of insured drivers who were killed as a result of an automobile accident. According to the New Jersey Law Journal, the Court ruled that an heir cannot initiate a wrongful death action on behalf of a decedent who was killed as a result of an automobile accident, if that decedent was an uninsured motorist. The statutory law that the court relied on in its decision was N.J.S.A. 39:6A-4.5(a). It is quoted below:

"Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by section 4 of P.L.1972, c. 70 (C.39:6A-4) , section 4 of P.L.1998, c. 21 (C.39:6A-3.1) or section 45 of P.L.2003, c.89 (C.39:6A-3.3) shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident while operating an uninsured automobile."

Although this statutory language only refers to the right of an injured party to bring suit, the court determined in its decision that there is no legislative intent to suggest that the heirs of a deceased party have any greater rights than that party would have had if he were brining suit on his own behalf.

The New Jersey Supreme Court laid down this decision in Sheila Aronberg v. Wendell Tolbert, et al. Sheila Aronberg is the mother of Lawrence Aronberg, who died when his car was struck from behind on the New Jersey Turnpike on Sept. 15, 2005, by a tractor-trailer. As a result of her son's death in this accident, Sheila Aronberg sued both the truck's owner, Fleetwood Trucking Company, and the truck's driver, Wendell Tolbert, under New Jersey's Survivor Act and the state's Wrongful Death Act.

Prior to the accident, Lawrence Aronberg's automobile insurance policy with Allstate insurance company had been cancelled because of lack of payment. Because Lawrence was uninsured at the time of the accident, pursuant to N.J.S.A. 39:6A-4.5(a), the Superior Court judge dismissed the survivor claim, but allowed the wrongful death action to proceed. The Superior Court's rationale for allowing the wrongful death action to proceed in the face of the statute was that the wrongful death claim belonged to the heirs, not the decedent. Therefore, the claim was not barred by the statute.

Continue reading "Do the Families of Uninsured Drivers Deserve Compensation? The New Jersey Supreme Court Says No" »

A new study by AAA and Kurgo has reported that 52 percent of drivers admit to "petting their canine companions instead of paying attention to the road," and another 17 percent allow their pets to sit in their laps while driving. This is all according to an article published on Edmunds Inside Line. Kurgo, a pet travel company, polled 1,000 dog owners who had traveled with their pets in the past 12 months.

Car accident attorneys in Georgia know this doesn't bode well for drivers with furry friends. Looking away from the road for a mere two seconds doubles a driver's risk of being involved in a car crash. Think about those two seconds. Now, picture how many seconds it takes you to pet your pooch and watch that level of risk increase significantly.

The problem, researchers summarized, could probably be rectified if more owners seriously considered restraining their pooches. Interestingly enough, many of those polled admitted that they knew operating a vehicle with an unharnessed animal was risky business, yet chose to engage in it anyway. 83 percent of drivers agreed that an unrestrained pet is dangerous, but only 16 percent reported restraining their pet.

Here are some of the top reasons why drivers elect to let their pets ride unrestrained:

•42 percent think their dog is calm and therefore doesn't need a restraint;

•For another 39 percent, it never crossed their minds that their pet might need to be harnessed;

•29 percent think a short trip (like going to the store) isn't a big deal;

•12 percent want their dog to be able to put his/her head out the window.

Continue reading "Dogs at Issue in New Distracted Driving Crackdown" »

Automobile accidents are the biggest factor in teen wrongful deaths. Car accident lawyers believe that those fatality numbers could drop if more states, including Georgia adopted stronger teen driver graduated driver licensing programs. A new survey indicates that such programs have strong support.

The survey by Allstate Insurance involved more than 1,000 adults, and tried to determine their reaction to the pending Safe Teen and Novice Driver Uniform Protection Act (STANDUP). This legislation would set strict standards for driver's licensing programs, and would also set uniform guidelines for graduated driver's license programs. As things currently stand, there is no single uniform federal standard that states have to meet while developing graduated driver's licensing programs.

As a result, different states have different rules, and while some states have implemented necessary rules like restricting the number of passengers that teenagers can have while on a provisional driver's permit, other states have rules that are too lax to keep teenagers safe or inculcate good driving practices.

In the survey, 59% of respondents said that they were in favor of implementation of a three-step licensing program for teenage drivers. Additionally, more than 60% of the respondents were in favor of stronger restrictions on teenagers, like driving at night or with teenage passengers. There was also tremendous support for banning the use of cell phones while driving for teenagers. More than 80% of the respondents were in favor of a ban like this that would reduce the number of accidents caused by distractions.

Continue reading "Most Americans Strongly Support Rules to Reduce Teen Car Accidents" »