Atlanta Injury Lawyers Blog

Published on: February 16, 2011

Senior Citizen Blames Atlanta Accident Injuries on Defective Seat Belts

Any Atlanta car accident lawyer would confirm – seat belts help save lives and prevent serious injuries. An Atlanta area senior citizen, who was injured in a car accident involving a state van in Villa Rica last week, has said that the seatbelts in the vehicle were not working properly at the time, and that this contributed to his injuries.

The Georgia state van was taking a group of elderly persons to a Valentine’s dance in Carrollton, when the van slid on a patch of ice, and flipped over. There were six senior citizens in the van, and all six persons were injured in the accident. One of the passengers, a 72-year-old man was seriously injured in the accident. He had not been wearing a seat belt at the time.

The man has told CBS Atlanta that his injuries were a direct result of a malfunctioning seatbelt. According, to the injured senior, he would not have been injured if the seatbelt in the van had been functioning properly. Just before the accident, the injured passenger told the driver that his seatbelt was not working properly, but received little response. CBS Atlanta then asked the other passengers in the van, and at least one of them confirmed that the seatbelt in question was not working at the time. All of the other passengers had been wearing lap belts at the time of the accident.

Officials from the Georgia Department of Human Services reported back to CBS Atlanta that they had inspected the van, and found the seatbelts had been functioning properly. According to the Georgia Department of Human Services, they had inspected the van at least two weeks before the accident, and found nothing wrong then. Now the spotlight is on the driver of the van, to see whether she fastened in all drivers safely before driving. In a situation like this, the driver would be liable under the theory of negligence if she did not properly secure each passenger, as these passengers were not in a position to do this themselves. Many times during litigation, it becomes apparent that there are specific protocols in place to protect against this exact type of passenger injury, yet the protocols are not followed by the driver. Other times, there are not proper procedures and training in place, and this is the proximate cause of the injuries.
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Published on: February 12, 2011

Atlanta Lawmakers Seek to Improve Traffic

by Robert J. Fleming

As an Atlanta personal injury attorney, Robert J. Fleming sees victims of Atlanta traffic all the time. The overloaded transportation infrastructure results in long commutes, road rage, exhaustion, and dangerous conditions that result in car accidents, injuries, and wrongful death.

Last year, the Georgia state legislature passed the Transportation Investment Act of 2010, in an effort to get past three years of deadlocked wrangling over Atlanta’s traffic problems. Recently, a panel created under the Act added Mayor Reed to its membership.
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Published on: February 8, 2011

New Designs Could Help Atlanta Elderly Maintain Independence

by Robert J. Fleming

Businesses and designers across the country are becoming conscious that we have an elder population. People are living longer, and living with the handicaps of age longer, creating a need for products that accommodate those handicaps. An article in the New York times reports that some companies are finally designing products to meet that need, and in the process, creating better products for any age.

An exciting aspect of the development of better products for the elderly is the design of products that will allow people to live at home longer, rather than be moved to a nursing home. The relocation of an aging parent or relative can be extremely painful for many reasons; leaving a cherished home, loss of independence, fear of a new place, and the possibility of negligence or abuse at the hands of the new caretakers.
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Published on: February 8, 2011

Atlanta Truck Driver Survives Fiery Crash

by Robert J. Fleming

A wreck on I-285 closed down the interstate near the Ashford Dunwoody exit for ten hours last night. According to the AJC, a young man driving the wrong way in the eastbound lanes slammed into a truck carrying margarine. Margarine is essentially oil. Consequently, it’s highly flammable and slippery. The crash resulted in a fire that took hours to douse. Extra Hazmat crews were on scene to clean the slick mess off the road and keep it from getting into the drains.

The young man did not survive. The driver of the truck – amazingly – was not seriously injured.
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Published on: February 7, 2011

Georgia Dog Owners Need to Take Responsibility

by Robert J. Fleming

An article in today’s Atlanta Journal Constitution never mentions legal liability and dog bites, but it highlights owner responsibility none the less. According to Manning, most people believe the danger a dog poses is based on the dog owner’s training and treatment of the animal. Many people still feel that some breeds, like pit-bulls, german shepherds, shar peis, or american Stafford terriers, are more dangerous, but opinions differ as to whether the danger is in the breed or the attitude of the people who raise them.

Dog attacks can be terrifying and result in severe injuries, not only from the bite itself, but through defensive or evasive actions by the victim. Many times, if the victim of a dog bite is very young, the incident leads to a life-time fear of dogs. This can be a terrible “life sentence” as there are few families that don’t own a dog and there are so many situations that involve interacting with a dog. Needless to say, this type of situation contributes to a huge portion of the damages that a dog bite victim seeks. In other cases, the damages, in the form of medical bills, can be staggering. In vicious dog bite attacks, the victims must undergo multiple surgeries to correct the damages caused by the dog attack. It might start in the emergency room to stop the bleeding and stabilize the victim, but it usually does not end there. Most times, other surgeries are required to reduce the wound and/or scarring and to deal with nerve damage which results from a lot of dog bites.
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Published on: February 3, 2011

Atlanta Bike to the Capitol Day Announced

by Robert J. Fleming

The Atlanta Bicycle Coalition is joining Georgia Rides to the Capitol in March. On March 22nd, hundreds of cyclists will ride into town to promote cycling awareness and encourage legislators to support measures that enhance bicycling safety in Atlanta.

Currently, Atlanta is not among the most bicycle friendly cities in the U.S. and we have high accident rates. Drivers can be aggressive and resentful of sharing the road with the slower bicycles. Frequently, even the most well-intentioned drivers do not look for the smaller, less obtrusive modes of transport. Consequently cyclists are hit and seriously injured in intersections or run off the road.

Because riders are largely unprotected, these bicycle collisions often leave cyclists with destroyed equipment and nasty injuries, including brain injuries, broken bones and worse. In 2008, bicycle deaths accounted for 2% of all traffic fatalities in the United States. Injured cyclists can require short and long-term medical care, reconstructive surgery and help managing trauma.
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Published on: February 2, 2011

Repetitive Motion Injury Regulation Nixed by Industry

by Robert J. Fleming

The Occupational Health and Safety Administration (OSHA) is looking for a way to minimize a common workplace injury. Musculoskeletal Disorders, or MSDs, have been under OSHA scrutiny since 1979, but because they are cumulative injuries, it is difficult for regulators or attorneys to pinpoint their exact cause. Consequently, it has historically been difficult for the administration to put the onus on the workplace.
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Published on: February 2, 2011

Atlanta Employee Settles Whistleblower Case

by Robert J. Fleming

The City of Atlanta has an entire section in its municipal code relating to tree protection. Thomas Coffin used to be the Senior Arborist for the city. Then he reported that some of the arborists were not adhering to the ordinance, and found himself without a job

Mr. Coffin settled with the City of Atlanta today for $165,000 in damages, as well as attorneys fees and a consent order allowing the city to vest his pension rights. Coffin’s case is an example of whistleblowing. All too frequently, employees witness co-workers or supervisors engaged in activities that are harmful or unlawful. Reporting that activity is commonly known as whistle blowing. Frequently, those employees fear retaliation if they report what they’ve seen.
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Published on: February 2, 2011

Follow Up on the MARTA Lawsuit

by Robert J. Fleming

We recently posted a blog about premises liability and an Atlanta MARTA rider’s suit against MARTA. That case ended on Friday with a jury award of 1.4 million to the plaintiff.

This verdict re-affirms the importance of property owners’ responsibility to maintain a safe environment for guests an invitees on that property. The jury did not find Elevator Specialists, Inc., the company MARTA fired in 2007, to be liable. MARTA and the remaining firm contracted to maintain station escalators, Schindler Corp., had a responsibility to anyone riding their escalators to keep them in safe working condition.

MARTA is governed by a board, consisting of representatives appointed from the city of Atlanta (3 members), and the remainder of the counties of Fulton (3 members), Clayton (2 members) and DeKalb (4 members). Additionally, there is 1 member from the Georgia Department of Transportation, and 1 member from Georgia Regional Transportation Authority) who also serve on the MARTA Board of Directors.

Positions on the MARTA board are directly appointed by the organizations they represent. Although the state of Georgia does not contribute to MARTA’s operational funding, it still has voting members on the MARTA board. A similar situation existed for both Clayton and Gwinnett counties during most of MARTA’s history; as a consequence of passing the authorization referendum but not the funding referendum.

The highest position at MARTA is the general manager and chief executive officer. In October 2007, Dr. Beverly A. Scott was named the new general manager. Prior to joining MARTA, Dr. Scott served as GM/CEO of the Sacramento Regional Transit District. She has over 30 years of experience in the transportation industry. After 5 years at MARTA, she decided not to renew her contract with MARTA’s Board of Directors. Scott’s last day was December 9, 2012. Keith Parker is MARTA’s General Manager/CEO. Prior to Dr. Scott, MARTA’s General Manager was Richard McCrillis from 2006 to 2007. In October 2007, McCrillis retired after 22 years of service at MARTA.

The Georgia General Assembly has a standing committee that is charged with financial oversight of the agency. During the 2009 legislative session, Representative Jill Chambers, introduced a bill that would place MARTA under GRTA, and permanently remove the requirement that MARTA split its expenditures 50/50 between capital and operations. This would allow MARTA to avoid service cuts at times when sales tax revenue is low due to recession, without having to ask the state legislature for temporary exemptions (typically a 55/45 split) as it has received before. The bill was not passed, but the funding restrictions were removed in 2015.

Due to it’s quasi-governmental structure, suing MARTA has it pitfalls. If you have suffered a serious injury on MARTA premises or due to the negligence of MARTA, you should hire an experienced Georgia lawyer who is well versed in how to sue MARTA.
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Published on: February 1, 2011

Georgia Automobile Insurance Policies Provide For Different Types of Damages

by Robert J. Fleming

Regardless of which company you have your auto insurance with, whether you can be reimbursed for damages depends on the language of the policy. The policy is nothing more than a contract between your insurance company and you: In exchange for you paying premiums, the insurance company will pay you for covered losses if you make a proper demand on them to do so. Simple in theory. Yet, the courts are clogged with insurance disputes because the insurance companies do not always pay when proper demand is made upon them. The typical policy provides coverage for: (1) Bodily Injury Liability–This covers damages when another driver makes a claim for personal injuries caused by the negligence of the at-fault driver; (2) Med Pay–this policy section pays for medical treatments sought by you and any passengers injured in your car, regardless of fault. Many times the med pay benefits “stack” (are added onto) the other damages coverages; (3) Property Damage Liability–pays for damages that you or someone driving your insured car causes to another’s property; and (4)Uninsured Motorist/Underinsured Motorists Coverage (commonly referred to as U.M. Coverage). This coverage pays for damages you sustain in an accident that was not your fault if you damages exceed the amount of insurance covering the at-fault driver.
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