Auto Accidents

Published on: May 14, 2009

18-Year-Old Killed in Atlanta Crash

Atlanta-area police cited excessive speed and alcohol as factors in a one-car crash that killed an 18-year-old from Milton. The driver of the car was apparently speeding in his pickup when he lost control and flipped twice with two passengers. The accident happened on May 12, at 2:30 a.m. A 16-year-old was also injured in the wreck and hospitalized.

The Georgia Rules of the Road govern what constitutes legally safe and lawful driving in Georgia. While this example is harsh, the estate of the passengers in the car have a potential wrongful death claim. The issue being: did the driver in whose car the passenger was in act negligently in causing the accident? If so, the driver would be liable for the injury (and death, if there was a fatality in the wreck) of the passenger and for all damages associated with the passenger’s life, including the pain and suffering at the time of death.

We have had great successes in helping seriously injured clients fully recover for the injuries that they sustained in automobile wrecks. We do this by fully investigating and properly pursuing every case. If you or a family member has been seriously injured or killed in a wreck, please contact us so that we can help properly evaluate your case.

Published on: May 13, 2009

Worst Insurance Companies in America

by Robert J. Fleming

The American Association for Justice ranks the ten worst insurance companies in America (2008). Based on reams of court documents, papers uncovered during litigation, trial testimony, state insurance department complaints, government records and news accounts of insurance company practices, the AAJ’s study is detailed and comprehensive. The following ten insurance companies made the list:

1. Allstate 2. Unum 3. AIG 4. State Farm 5. Conseco 6. Wellpoint 7. Farmers 8. UnitedHealth 9. Torchmark 10. Liberty Mutual

A detailed explanation as to why each insurance company made the list is contained in the article. However, for the sake of brevity, let’s just say that if you have suffered an insurable loss, you may not want to be in the “good hands” of Allstate and with neighbors like State Farm, you may want to live out in the country-miles from any neighbors.

Published on: April 17, 2009

Injured Bicyclist Settles with County for $3.5 Million

by Robert J. Fleming

Just prior to trial, an injured bicyclist and his wife settled their lawsuit for brain injuries he suffered when he was thrown from his bicycle. A former endurance athlete who now suffers from permanent brain injury, was thrown from his bike when he struck a survey marker in the road. The bicyclist was in a coma for seven months after the accident, then treated at a physical rehabilitation center and now lives in a group home. Fortunately, the settlement will provide for around-the-clock care which is now required as the result of this tragic bicycle wreck. Like many other similar cases, a large part of the plaintiff’s damages are made up of future medical and nursing care that will be incurred in the future and which was necessitated by the injury.

An interesting aspect of this case is that there was a sustantial recovery, even though it was a single vehicle accident. The legal theory under which the settlement was possible was that the bicyclist was traveling on a bike path and the County was liable for the fall because it promoted the road as a bike path but failed to maintain it in a safe condition. An important fact in the case was that the County allowed a hole around the paving marker to grow deeper with each road paving. This type of inactivity is considered to be, in legal terms, a nuisance. The nuisance surely played a substantial role in getting the case settled, as without the nuisance cause of action, there might not have been liability on the County’s part.

In Georgia, many municipalities are immune from certain types of negligence. One way around this bar to recovery due to negligence in maintaining roads is to show that the muncipality knew, or should have known, of a dangerous condition on the roadway (in this case the bike path) yet failed to do anything to correct the situation. This theory of liablity against a city, county, or state has been successfully used against the City of Atlanta, and other cities in pot hole cases, broken water meter cases, missing or broken storm grates, roadways which were not properly maintained and therefore would not drain, cases involving large trees that were dying and deemed to be a hazard, and many others.

Published on: December 11, 2008

Recently Involved in an Atlanta Auto Accident? Suggestions

by Robert J. Fleming

I get many calls from potential clients who have recently been involved in wrecks in the Atlanta, Georgia area. While each case is different, here are some general suggestions that can help during a very stressful time when you might be injured or not thinking clearly due to be involved in a wreck.

CONSULT WITH A QUALIFIED ATTORNEY

Obvious advice coming from a law office, right? While many people resist hiring an attorney because they feel they can “do better” without one, this simply is not the case. Many times, an experienced and qualified attorney is needed to evaluate the case, timely gather and preserve critical evidence, interview potential witnesses, identify potentially liable defendants (many of whom may not be readily apparent), identify available sources of insurance coverage, comply with statutory notice requirements and properly present your case to the insurance companies for prompt settlement or trial. With that said, here are some other nuggets of wisdom that I have gleaned over the years that should prove helpful in protecting your rights and maximizing your recovery:

DO NOT TALK TO ANYONE UNTIL YOU TALK TO YOUR LAWYER FIRST
Generally speaking, you should not talk to anyone about the accident except your lawyer and their staff. Obviously, you must cooperate with the police investigation. In addition, you are required to talk to your own insurance company, but your lawyer is entitled to be present. Do not talk about your injuries or the accident with the other party’s investigators, lawyers or insurance adjusters. Trust me: nothing you say will help you; anything you say will be used against you. If you doubt this, ask yourself a simple question: Whose interests are these people working to protect? Answer: Not yours. They are working hard to build a case against you, to make sure you get nothing, or very little, certainly less than you deserve. Do not help them.

POLICE REPORT / WITNESSES

As soon after the wreck as possible, you should obtain a copy of the police report and forward this to your attorney. If you know of any witnesses to the incident, please write their name, address and telephone numbers down and provide your attorney with a copy without delay. You would be amazed at how quickly witnesses disappear, memories fade, addresses change, telephone numbers are disconnected and the like. It is your attorneys’ job to quickly gather witness information and preserve it for settlement or trial preparation.

DIARY A LIST OF PROBLEMS CAUSED BY YOU BEING INVOLVED IN THE WRECK

Please keep a diary of problems that you confront because of your injuries. This should include when you are experiencing pain and suffering, activities that you are not able to perform or are able to perform, but must do so with pain and other problems. Be honest and truthful but don’t short change yourself either. When journaling, write out exactly how you feel both physcially and emotionally. In most cases, this will include worry and fear that you are experiencing because of being involved in the wreck. Not only is this process helpful to documents the pain and suffering that you are experiencing, but many clients find this to be theurapuetic and it seems to help them deal with the situation in the most positive light. After all, that is what you want: to get better, resolved your lawsuit as quickly as possible, and move on with your life.

LOST WAGES

Be certain that you have the name and addresses of all employers from which you lost wages due to the wreck. If you are self-employed, try to obtain records that will show your wage loss. Keep an accurate record of all days lost from work due to the incident and/or your injuries. Similarly, if you are self employed you will want to keep track of all job opportunities/lost income that you sustained due to you inability to work after the wreck.

DAMAGE TO YOUR AUTOMOBILE AND PERSONAL PROPERTY

They say, “a picture is worth a thousand words.” Please take pictures of all damages to your car, and to the other vehicles involved in the wreck. Err on the side of caution and take a lot of pictures to ensure that you capture the full visual impact of the damage to the vehicles. Also, keep copies of repair bills and estimates. If you are disfigured in any way due to the wreck, you will certainly want to take pictures of this as well. In most cases, pictures taken of you right after surgery are very helpful. So are pictures of you shortly after the wreck which show bleeding, swelling, or other types of painful conditions that you sustained as a result of the wreck.

DOCTOR VISITS

The most important thing is for you to get well and to hopefully fully recover from your injuries. This is what you should concentrate on after the wreck and the lawsuits will be handled by your attorney. Therefore, follow your doctors’ advice and continue being treated by your doctor and subsequent doctors that you are referred to until you are well. This is equally applicable to any physical therapy to which you have been referred. Many times, physical therapy is a long and tedious process. However, you must complete the program to reap the benefits. If you are patient and follow the program, most times your condition improves. Remember, the most important concern is your health and recovery.You should be aware that insurance companies and defendants look very closely at medical records and try to allege that the plaintiff did not follow doctors’ advice and that is why the injury is so bad. Do not give them this opportunity. Follow your doctors’ advice.

HOSPITAL, MEDICAL AND DRUG BILLS

Obtain and keep receipts and records of all these expenses.Your are entitled to recover for these as part of your damages. Many times, bills while you are in the hospital after a wreck are sent by many different health care providers, not just the hospital that you were being treated at. For instance, if you are inolved in a car accident and are taken to the Emory Hospital Emergency department and then transferred to Emory Hospital for care after the ER visit, you might get billed separately from Emory ER, Emory Hospital, the doctors’ group who provided the ER care, the radiologist who conducted the x-rays and any number of other health care providers. The point is: don’t assume the hospital bill contains all of your medical bills while you were hospitalized. In most cases, it doesn’t.

PHYSICAL EVIDENCE

If your injury requires a cast, brace, traction, or other medical device, please save it. As discussed above, if you have pictures or other physical evidence, give them to your attorney. They may be used as evidence down the road. Once again, err on the side of caution and let your attorney decide what is worth preserving. Many times, some issues that were never being contested become issues way down the road.

TRAFFIC COURT

If you receive notice of a traffic court date for the other driver, attend and testify regarding who was at fault. If you receive a subpoena, you must attend. Many times a guilty conviction can be used against the other party at the trial of your case. If you don’t show up at the traffic court trial, you run the risk of the other driver’s ticket being dismissed, which will not help your case.

CALL YOUR LAWYERS OFFICE WITH ANY QUESTIONS

You hired your attorney to help you and that is exactly what they want to do. If you are not sure of something, call. It is better to communicate and get a clear understanding of what you are wondering about, rather than guess and make a mistake. In school they always said, “the only stupid question is the one that was not asked.” The same applies here when you are being represented by a law firm due to a serious car accident or other injury.
Continue reading

Published on: December 3, 2008

Car Wreck on Ponce de Leon Avenue in Atlanta, Georgia

by Robert J. Fleming

For those of you, like me, who live in Atlanta and regularly drive on Ponce de Leon, I wanted to post the attached video. The stretch of Ponce de Leon between Freedom Parkway and Emory University (Clifton Road) is especially dangerous. As the attached video illustrates there are so many accidents here. I travel this road almost every day and I have seen a number of serious wrecks (i.e, overturned cars and serious injuries) right in front of the Majestic Diner. So, please use extra caution.

Robert J. Fleming has been handling wrongful death cases, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured in a car accident and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.

Published on: December 2, 2008

Georgia Court Awards Attorneys’ Fees

by Robert J. Fleming

The Georgia Court of Appeals recently approved the award of attorneys’ fees in a case that was appealed from DeKalb County Superior Court. In Roofers Edge Inc. v. Standard Building Co. Inc. A08A1060; A08A2109 (11/17/09), the appellate court found that there was “some evidence” for the jury to conclude that the defendant acted in bad faith and to award attorneys’ fees to the plaintiff. In this case, the defendant, Standard Building Co., Inc., failed to pay the plaintiff, Roofers Edge, Inc. for subcontracted metal roofing work on a construction project; then denied the existence of a contract or that Roofers Edge had completed the work. It did, however, admit at trial that Roofers Edge was entitled to payment, less a setoff.

At first blush, this case appears to have little to do with personal injury litigation. However, this case is applicable to all litigation in Georgia state courts including auto accidents, slip and fall injuries, premises liablity and any other type of personal injury claim brought in Georgia. This case explains the circumstances under which a plaintiff may be awarded attorneys’ fees, in addition to other monetary damages which they may be entitled to.

As the court notes in its decision, Georgia state code OCGA 13-6-11 provides for the award of attorneys’ fees to a plaintiff when a defendant “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. A refusal to pay in bad faith means a frivolous and unfounded denial of liability. Similarly, “stubborn litigiousness,” and “causing the plaintiff unnecessary trouble and expense” refer to a defendant’s forcing the plaintiff to sue when no bona fide controversy exists.” Many Georgia lawyers and judges refer to this as the “so sue me” attitude. Importantly, this issue (whether or not the defendant acted in bad faith, etc.) is an issue for the jury to decide. In other words, the jury decides whether the plaintiff is awarded his or her attorneys’ fees and expenses of litigation in addition to the other damages that the plaintiff is seeking in the lawsuit.

Published on: November 25, 2008

New Georgia Law Helps People Seriously Injured in Automobile Accidents

by Robert J. Fleming

The state of Georgia recently enacted a new law that allows the victims of automobile accidents to access more insurance coverage. Under the new law, car owners can purchase uninsured/underinsured motorist coverage that can be “stacked” on top of liability insurance of the driver who caused the accident. This is helpful when you are injured in an automobile accident by a negligent driver and the negligent driver does not have enough insurance to fully compensate you for your personal injuries.

As an experienced Georgia Injury Lawyer, I can’t over-emphasize how important this is here in Atlanta, where many drivers on the road carry minimum insurance limits. What is especially troubling about this situation is that these are usually the very same drivers that cause catastrophic wrecks and do not have the personal assets to satisfy a large judgment against them.

The new law enables you (the injured driver in an automobile accident due to the fault of someone else) to collect the other driver’s liability insurance and then access your own uninsured motorist coverage after the other driver’s insurance coverage is exhausted. Prior to the new law, many Georgia motorists who had paid premiums for uninsured motorists coverage would not be allowed to collect these benefits because their coverage would only “kick in” if the uninsured motorists coverage exceeded the at-fault driver’s liability coverage.