Articles Posted in Auto Accidents

Atlanta accident lawyers often see that there’s more than one way negligence can be involved in an accident. Last week, a woman was killed in a wreck that did not involve two vehicles coming into direct contact with each other. According to a news report, a tire from a passenger van became loose, flew off and crashed into a Hyundai Sonata on Interstate 285.

The deceased was a woman from Virginia traveling westbound on I-285 in her Sonata, when she was struck by the rear left tire of a Georgia State University passenger van. Another car was also struck by the runaway tire, but the occupants of that car, fortunately, did not suffer any injuries.
Continue reading

Meteorologists are predicting more snow and rain in the metro Atlanta area on Tuesday, increasing the risk of multiple accidents.

According to weather experts, there will be some rain and light snow on Tuesday morning, which may turn to all-snow for a while. Meteorologists are predicting slowed down traffic during rush hour, which is likely to be even more congested than normal.

The metro Atlanta area has seen colder than usual conditions this year. Last month was marked by severe snowstorms and showers that were blamed for a series of accidents. Given the dry conditions of the past few days, roads are likely to be very slippery, as the fresh rains mix with accumulated grease residues on the asphalt to create a slick mix of oil and water.
Continue reading

As an experienced injury lawyer based in Atlanta, I know first-hand that Georgia car accident lawyers have been concerned with the link between cellphone usage/texting and car accident. In fact, I wrote about this fast developing problem back in a July 2009 blog.

Now, Gwinnett County officials are exploring further charges against an Atlanta-area resident who was involved in a car accident on Sugarloaf Parkway which killed a Gwinnett county pedestrian. After an exhaustive investigation, the woman has been charged with vehicular manslaughter and investigators believe there may be a link between texting and the wreck.

All Georgia drivers are charged with driving safely. This is a basic Rule of the Road. Georgia’s Traffic Laws (Georgia Code) can be found under Title 40 – Motor Vehicles and Traffic; Chapter 6 (Uniform Rules of the Road).  If someone is distracted while they are driving their car, and this results in an accident, the at-fault driver is responsible for all of the harm they have caused because they were legally “negligent” and this negligence caused the accident. The fairly new legal theory that is creeping up now, is: if a driver is on their cell phone (talking or texting) and causes an accident, can punitive damages be assessed against them.

While this question may be new to some, we have been dealing with it for years and the short answer is: Yes. A Georgia driver who causes a wreck because they were on their cell phone is subject to a claim for punitive damages if the victim’s attorney uses the facts and the law to show that the unlawful behavior showed a “conscious disregard” or a “conscious indifference” to the welfare of others. In today’s society, this law firm has little doubt that this can be effectively proven. In fact, there really is nothing special about driving and texting, except that it is so prevalent these days. The “wrong” in this instance is that the texting driver is not paying attention to the road. If they cause an accident, they are liable for all of the damages that flow from the accident. It used to be that someone was inadvertently distracted and this caused an accident because they were not careful and they allowed their attention to the road to be diverted. While this is bad enough, the difference with texting is that these people are making a conscious decision to drive without paying attention. I have seen this on side road, 2 lane road and at 70 MPH on the interstate. It is wrong, and not only does it constitute negligence, it may very well warrant the aware of punitive damages if a case like this gets tried to a jury.
Continue reading

In the wake of Toyota’s massive safety-related recalls, many Atlanta-area Prius owners are wondering if all the hype warrants serious concerns. Of course it does and here’s why. The latest recall stems from Prius owners experiencing “a short delay before the brakes kick in.” Couple this with the 5 million-vehicle Toyota recall for “problems with floor mats which can trap gas pedals and not allow the pedal to release” and “concerns related to gas pedals not returning to idle” and one can only wonder what serious accidents can occur as a direct result of these serious design flaws.

To date, this dangerous defect has been potentially linked to four serious car wreck by the National Highway Traffic Safety Administration (NHTSA). However, the jury is still out and all Prius owners should exercise extreme care until this issue is resolved. Toyota brass have apparently been slow to acknowledge and recall other cars for safety issues.

Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits 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 in and around Atlanta, Georgia and its surrounding areas, 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 and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.

As an experienced Georgia injury lawyer, the question I get the most is, “I was involved in a car wreck in Atlanta, what is my case worth.” No answer to this question would be complete without first stating that if you have been involved in an Atlanta wreck, you should consult with an experienced Georgia injury lawyer who handles serious car accident cases. Since an initial consultation is normally free, there is very little downside to seeking the advice of an attorney based on the specific facts of your case. After all, knowledge is power, as they say.

With that said, there are a number of factors that Georgia car accident lawyers look at in analyzing the merits and value of a potential car wreck case. They are:

1. How serious are your injuries? The case value increases if you have sustained objective and serious injuries such as broken bones, herniated back disks, a concussion, a closed head injury or severe lacerations. The general rule (which should not come as any surprise) is: the more serious (and objective) the injuries, the more valuable the case. It is also helpful to note that the injuries that provide the most value to a case are the ones that are objective in nature. In other words, if there is a broken bone or a brain injury that shows up on an MRI, the case is much more valuable than one in which the only injuries suffered are those that do not show up on objective studies such as x-rays and other types of radiographic tests.

As an experienced Georgia personal injury lawyer, I represent many clients who have been seriously injured in a car accident. This entry is one of a series of blog posts which address frequently asked questions. Knowing the answers to these common questions will allow those injured in Georgia car accidents to be better informed about the litigation process. Being better informed allows you to make the best choice when hiring a lawyer to represent you once you have been seriously injured in a wreck and realize that, due to the severity and complexity of the situation, you need adequate legal representation.

I am not the “suing type.” Is there any way my claim can be resolved without filing a lawsuit?

When representing clients who have suffered serious injuries in a car wreck, our main goal is to “make you whole.” In other words, we strive to fully compensate you for your injuries as quickly as possible, but a settlement never comes at the expense of taking less than the full value of the case.

If the insurance company properly evaluates the case and agrees to pay the amount of money necessary to compensate you for your injuries, the case will settle without having to file a lawsuit. However, many insurance companies do not negotiate in good faith. These insurance companies make lowball offers of settlement (offers that the insurance company knows are well below what a fair settlement should be), and hope that the client takes the offer instead of filing a lawsuit. This situation also happens when the insurance company is dealing with a lawyer or law firm who has a reputation for settling cases and not filing suit. The major insurance companies keep detailed databases on who they deal with on all types of cases. If they know that the lawyer on the other end is not likely to file suit, their offer will reflect this and be lower.

In the end, the decision whether to settle the case or file a lawsuit is the client’s. It is our job as your lawyer to counsel you and give you the information needed to make an informed and intelligent decision. Based on the facts of your case and your injuries, along with other settlements and verdicts, we can accurately value your case and help you make this decision.

If the decision is to file suit, Robert J. Fleming is there every step of the way. Many times, the case settles after suit is filed but before trial for much more than the last offer on the table prior to filing suit. Some cases, just have to be tried before a jury in order to get the plaintiff properly compensated.
Continue reading

There is a storm grate located within the City of Atlanta in front of the famous Oakland cemetary. It is a very large concrete storm drain cover which is dislodged and causing a hazard. The storm drain is located on Memorial Drive in front of Oakland cemetary.

Interestingly, the Atlanta citizen who complained about the damaged storm drain cover noted that there was accumulated dirt and weeds growing in and around it. This strongly indicates that the damaged storm drain cover has been dislodged and causing this dangerous condition for over a year. This is important because the City of Atlanta, as a municipality, is liable for all injuries caused by the defective storm grate once the City knew or should have known of the defective condition. Once this is established, the defective condition is considered a nuisance and liability attaches to the City. Other ways in which the knowledge of the City can be proven is by establishing that other people have been injured by the defective condition and filed claims against the City or by showing that others have complained to the City about the defective condition prior to the injury in question.

There have been many cases in which the City has avoided liability by claiming that it did not have prior notice of the dangerous condition which caused the incident. This is a proper defense for the City, especially if there is not proof that the dangerous condition has existed for an extended period of time. However, once weeds start growing over the dangerous condition, and leave and other debris become embedded in the hazard, strong evidence supports that the City will not be able to escape liability by claiming it did not know. That is so because the standard of notice to the City in these situations is: “knew or should have known” of the dangerous condition.

The problem with particular storm grate cover is that part of the cover rests in the gutter and the other end is thrust up in the air where it can easily snag bicyclists or pedestrians who are trying to pass by. This is a potentially deadly situation because a bicyclist or pedestrian who is ensnared in the grate and is thrown into the street could very easily be run over and killed by a passing car.
Continue reading

As we have been discussing, as an experienced Georgia personal injury lawyer, I have represented many clients who have suffered serious injuries in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts which address frequently asked questions. Knowing the answers to these common car accident questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

Who pays for my medical bills?

The negligent driver is responsible for paying your medical bills. However, the negligent driver (or, in most cases, their insurance company) will not pay for medical bills until the whole case is settled for a lump sum amount. Therefore, your medical bills must be addressed prior to settlement. Some possible ways to manage your medical bills until your case settles are: (1) If you have health insurance, submit the bills to your health insurance company; (2) submit the bills to your automobile insurance company to be paid under the med pay portion of your automobile insurance policy; (3) ask the hospitals and doctors who have treated you for your automobile accident related injuries to delay collection efforts until your case resolves, at which time the outstanding medical bills can be properly addressed; (4) seek a Letter of Protection from your attorney to the medical care provider stating that the doctors’ bills will be “protected” in any settlement. This allows the doctor to continue providing the care and treatment you need, while not having to worry about getting paid; and (5) in rare cases, an injured person can receive money from case funding companies.
Continue reading

As we discussed last month, as an experienced Georgia injury lawyer, I have represented many clients who have suffered serious injuries in car accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address frequently asked questions. Knowing the answers to these common automobile accident questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

How much is my Georgia car accident case worth?

Many auto accidents in Georgia result in serious injuries such as a broken arm or leg, lost teeth, loss of limbs, severe burns and scarring, herniation of disc in your neck and back and cognitive problems such as loss of memory caused by brain injuries. Unfortunately, we cannot give you back your health, but what the law seeks to do, in simple legal terms, is to “make you whole.” Since we can’t give you back the health you lost, your case is valued by money, i.e,. what amount of money should a jury give you to put you in the same position you were in before the wreck.

While insurance companies (and many new lawyers) value cases based on a multiplier of the injured plaintiff’s medical bills (that is to say, they value your case based on the amount of your medical bills times a multiplier, usually 2 to 3 times the total of the bills. For instance, if you have $50,000 in medical bills, they value your case at $100,000 to $150,000). This is a crude method which, at times, is woefully inadequate to fully compensate someone who is seriously injured in a car wreck.

Under Georgia law, you are entitled to (1) special damages, (2) general damages and (3) in rare cases punitive damages. Special damages are those damages that an injured plaintiff suffers which are capable being proven to an exact amount. Common examples of special damages that are recoverable in Georgia include but are not limited to: medical bills, prescription costs, and lost wages. In other words, these are damages that you don’t need a jury to place a value on. They are what they are, and the bills and receipts prove them.

General damages comprise the largest amount of damages in most cases. General damages compensate the injured plaintiff for pain and suffering, loss of enjoyment of life, permanent physical injury or impairment. Think about the following scenario and ask yourself what the special damages are worth: A 20 year-old star college baseball player for Georgia Tech is rear-ended while he is stopped in traffic at the Georgia 400 tollbooth. In the wreck, he smashes his head against the steering wheel. Due to the wreck and the resulting blow to his head, he loses an eye at the scene. Since there was so little the doctors could do, his medical bills are only $15,000. His major league baseball career is over before it starts. What is the proper amount of special damages in this case?

The final element of damages allowable in Georgia are punitive damages. Punitive damages are rarely awarded because the legal standard is harder to satisfy in order for them to be warranted. In an auto wreck case, one can recover punitive damages if it can be shown that the defendant driver committed more than negligence and acted with malice or a conscious indifference to the welfare of others.

All of these damages should be considered when valuing a case.
Continue reading