Articles Posted in Auto Accidents

A new study by the National Highway Traffic Safety Administration or the White House Center for Drug Control Policy, indicates that drugged driving or driving under the influence of prescription and non-prescription drugs, has been increasing in the US. The study, which looked at traffic accident fatalities in 2009, found that there has been an increase of 5% in the number of fatalities with drugs in their system, at the time of the crash compared to previous years.
Overall, drugs were reported in the system of approximately 4,000 drivers who died in accidents in 2009. That makes it 18% of the approximately 22,000 drivers who were killed in accidents last year. In 2005, drugs were linked to 13% of driver fatalities that year.
It actually gets worse. According to the researchers, the numbers could actually be higher, because only one in every five drivers killed in accidents had a drug test performed on them. Besides, there were variations in the tests conducted in different states. Overall, in 2009, among the drivers who were killed in accidents and had drug tests performed on them, 33 percent tested positive for drugs.
The drugs that were found in the victim’s bodies were not just illegal narcotics, like heroin and cocaine, but also legal prescription drugs, like painkillers and antidepressants. In fact, as an Atlanta car accident attorney, I am more worried about people who are driving under the influence of prescription drugs. As many already know, prescription drug abuse is rampant these days and many drivers on Atlanta roads are impaired, either by the legal amount of prescription drugs that they are taking or by prescription drug abuse.
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Often, Georgia Injury Lawyers represent clients who have sustained such serious injuries that the medical bills and lost wages far exceed the at-fault driver’s insurance coverage. In this situation, the lawyer must ensure that all additional insurance policies are identified and that claims are made under these policies as well. Additional insurance may be available through a “resident relative” or employer of the at-fault driver.

Cotton States Mut. Ins. Co. v. Brightman, 580 S.E.2d 519 (Ga. 2003) allows Georgia Plaintiff Lawyers to condition their Holt demand on the receipt of additional information. A sample conditional demand is attached.
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The Insurance Institute for Highway Safety has just published the results of a study conducted by the AAA Foundation for Traffic Safety. The report has findings that should be of interest to Atlanta car accident attorneys. According to the study, most drivers are fully aware of the risks from hazardous driving behaviors, like talking on a cell phone or texting while driving and speeding, but that doesn’t stop them from indulging in these practices at the wheel.

The study is based on a poll conducted of more than 2,000 motorists above the age of 16. Some of the findings:
• 92% believed cell phone use at the wheel was hazardous, and two-thirds said that other people using the cell phone while driving was hazardous to their safety. However, 24% admitted to using the cell phone at the wheel over the past month.
• Two thirds of the respondents believed that running red lights is dangerous, but at least one-third said that they had done so.
• 96% of the drivers found it unacceptable for drivers to operate a vehicle while fatigued, but more than 25% of them had operated a vehicle in a drowsy state over the past month.
• Two thirds believed it was unacceptable for people to be driving 15 mph above the posted limit, but 46% said they had broken those limits over the past month.
• Just about every respondent in the study found drunk driving extremely hazardous to public safety, but 11% said they had operated a vehicle during the past month when their blood alcohol level was close to, or at the .08% limit.
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According to a recent City of Atlanta press release, the automated Red Light Cameras at numerous Atlanta intersections are there to “promote public safety.” As an Atlanta injury firm which handles many car wreck cases, we have doubted the accuracy of this statement, since it was made. Now, with the help of the Georgia State Department of Transportation, recent research shows that this is simply not the case.

The City petitioned the state department of transportation to allow it to keep the red light camera at the intersection of Freedom Parkway and Boulevard. Part of the rationale employed by the City of Atlanta to allow the automated ticket writer to stay was that the red light camera cut down on catastrophic accidents such as T-bone collisions at the intersection. The Georgia Department of Transportation studied the impact of the red light camera at this intersection and concluded there was little evidence that the device cut down on the type of collisions caused by cars running a red light at the intersection.

It now seems clear that cities and other municipalities who implement red light cameras are interested little in safety, but rather are trying to drum up revenues. Not only do these devices not promote safety, they can almost certainly be counted on contributing to their fair share of auto accidents when drives, who would otherwise pass through the intersection without harm, panic when the detect the red light cameras and suddenly slam on their brakes.

In addition, WXIA-TV performed its own investigation and found that T-bone collisions actually INCREASED at five intersections in which the City of Atlanta had installed red light cameras. Despite these findings, the City of Atlanta petitioned the Georgia Department of Transportation to allow it to keep the red light camera at the Freedom Parkway intersection. There is little wonder why this would be the case. These red light cameras need to be removed from all City of Atlanta intersections. The safety and well-being of the City of Atlanta motorists is with much more than the increased traffic infraction revenue generated by the red light cameras.
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Head injuries are some of the most serious injuries arising out of an Atlanta car accident. These have the potential to leave behind long-term and life altering consequences, unless treatment is begun immediately. Often, the most serious types of head injuries are those that result from a closed head injury, such as the skull colliding with the steering wheel or other area of your car when you are involved in an auto collision.

A head injury can refer to any injury that involves the scalp, skull or brain. Atlanta car accident lawyers come across both open injuries where the skull is broken, or closed injuries, where there is no penetration of the skull.

Head injuries can be of many types.

Concussions These are the most common head injuries. While concussions have been underestimated as brain injuries in the past, new research shows that these mild brain injuries must be treated with plenty of rest. A person who suffers a concussion, and suffers a second head injury soon after, is more likely to suffer complications. Avid sports fans are well-aware that many football players are forced to retire after receiving too many concussions. The reason: once you have suffered one major concussion, subsequent concussions tend to cause much more severe damage.

Contusions or bruises on the brain
Subdural hematoma or bleeding in the brain. These are serious brain injuries and can even lead to death. Symptoms include slurring, confused speech, headaches, lethargic, confusion, nausea, vomiting, weakness, visual disturbances, and seizures.

Subarachnoid hemorrhage refers to bleeding in the subarachnoid space, which is the area between the brain and the tissues that cover the brain. A person who suffers a subarachnoid hemorrhage may suddenly lose consciousness. There may be loss of sensation, and difficulty in movement. The person may display personality and mood changes. He may suffer from stiffness in the neck, nausea, vomiting, and seizures. He may develop double vision, blind spots or temporary loss of vision. His eyelids may begin to droop, and the pupils may be of unequal size.
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Car accidents are difficult situations, even when everyone involved acts responsibly. The recent trial of Aimee Michaels – the Atlanta driver in the so-called Easter Crash – is a sobering reminder of the importance of knowing your obligations as a driver before you find yourself in a potentially overwhelming situation.

Under Georgia Law, if a person fails to stop after being part of an accident where someone is seriously injured, they escalate their legal difficulties from a possible civil suit into the realm of criminal law. A hit and run resulting in serious injury or death is a felony.

In the event that you are involved in an Atlanta accident, Georgia law requires that you stop immediately at the scene, or as close as possible. This is true for any driver involved, not just drivers of the primary cars in the crash. Bellamy v. Edwards, 181 Ga. App. 887, 354 S.E.2d 434 (1987). Drivers should exchange information, including name, address, and registration numbers. If someone is hurt, it is the responsibility of the other driver to offer reasonable assistance – including notification of emergency services such and calling the police, or even transporting the injured person to the nearest emergency room.

The backdrop to all of this is: no matter what the situation, do your best to comply with the law of Georgia and to ensure the safety of yourself and other around you. We have encountered many situations in which people who have been involved in car wrecks have been victims of the negligence of other when a careless driver runs into them causing serious injury as they are waiting on the shoulder of the road (or worse yet, on the roadway) for the police to arrive. Still others are involved in wrecks when they are re-entering the roadway after completing the police report, etc.

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While the most serious injuries sustained in car wrecks usually involve brain damage, herniated discs and broken bones, whiplash can also be one of the most debilitating injuries in an auto accident. These injuries may require months of rest and physical therapy to treat. Every year, approximately 1 million people suffer soft tissue injuries in car wrecks.  Many of these injuries are from rear-ender auto accidents. Others are commonly the result of t-bone crashes which usually occur at intersections at a high rate of speed

Simply put, these types of injuries occur because of trauma to the head, neck and spine. These injuries typically occur during a rear-ender accident, when a vehicle is struck from behind by another vehicle. In a situation like this, the person may be thrown ahead from impact, and this results in a sudden and violent snapping backward and forward of the neck. This snapping causes extreme trauma to the neck, back and spine muscles. Symptoms of whiplash injury may include headaches, shoulder pain, arm pain, neck pain, fatigue, dizziness, soreness in the neck, tenderness, and ringing in the ears. These are some of the most common injuries in accidents. However, whiplash injury may also be some of the most difficult to prove. That’s because there are no visible external signs of injury or wounds. In many cases, there may not even be any swelling in the neck area. Because of these unique presentations of injury, the types of Atlanta auto accidents present special issues in order for your lawyer to prove (1) that you sustained the injury in the auto wreck; and (2) that the injuries are severe enough to warrant bringing a lawsuit to recover for them.
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Shoulder injuries are some of the most overlooked car accident-related injuries in Atlanta. These injuries typically occur in the soft tissues in the shoulder and neck, including the muscles, tendons and ligaments. A shoulder injury could also be linked to other neck injuries like whiplash that occur during an accident.

The most frequent shoulder injuries arising from car accidents include • Rotator cuff tears and injuries • Muscle tears • Shoulder dislocation
• Subluxation • Broken collarbone • Bursitis or information of the bursa sacs • Broken shoulder blade • Shoulder separation
Symptoms of shoulder injuries include pain that can range from sharp electric shock-like pain to dull throbbing pain and cramps. Injury to the nerves could also result in weakness. Nerve injury could also result in numbness, and loss of sensation. You may find a strange sensation that is very similar to having your arm fall asleep. Look out for changes in the color of the skin and a sensation of coolness in the hand or arm. There could also be swelling and deformity.
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Some of the most common injuries that result in car accident claims in Atlanta involve fractures or broken bones. Even a minor impact accident can result in broken bones. Fractures can also occur as a result of slip and fall accidents or a whole host of other types of situations that involve people being injured due to the negligence of a third-party.

Any broken bone can be called a fracture. However, if the broken bone results in the skin being punctured showing bone, it is referred to as an open fracture.  If the skin has not been opened, it is known as a closed fracture. The kinds of fractures that result from accidents are different from stress fractures that occur because of repeated stress or consistent force against the bone. Stress fractures are more commonly seen among athletes or workers in certain occupations such as those manual workers who repeat the same procedures over and over every day.

The most noticeable symptom of a fracture is intense and severe pain. You may also notice a joint that is dislocated or out of place. There may be severe swelling or bruising in the area. In case of an open fracture, the skin may be broken and the bone might be protruding from it. You won’t be able to move a fractured limb. This is especially true with displaced fractures which are referred to by doctors as a “step-off deformity” and usually require the bones to aligned properly before the fracture is set. If this is not done, and the fracture is fixated together, the bone will not heal together and will, at some point in the future have to be re-set, or the fracture will never heal properly.

In case of a broken bone, it’s important to keep the joint or bone immobile. Call emergency services. If it is an open fracture with broken skin, don’t try to probe the skin or touch it. Open fractures can result in infections. Use ice packs to reduce swelling and make your way to the emergency room as quickly as you safely can.
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