Georgia Injury Lawyer Blog

Good Georgia Lawyer is very concerned about the Governor's new plan to turn the emergency lane on the Ga. 400 into a travel lane. Governor Nathan Deal announced this new project to convert the highway shoulder that is typically used for an emergency lane as an additional lane for traffic. The emergency shoulder is currently used for ambulances, firetrucks, and police cars who need a speedy bypass for getting through congested traffic to reach an emergency or get a patient to the hospital in time.

Emergency services operators are all expressing their alarm. Even those who simply need to use the emergency lane in the event of a car break down now will not have an option to do so, thus increasing the dangers on this particular freeway significantly. Firefighters, police officers, and ambulance drivers are against the new plan believing it will put the public at risk.

Ga. 400 rush-hour commuters know how difficult this freeway can be as it has been recently ranked as one of the nations most unreliable commutes. Nevertheless, experts say that converting the emergency lane into a traffic lane will not ease the traffic that significantly and critics contend that the heavy price tag made up of safety losses make it not worth it.

Good Georgia Lawyer regularly represents Georgians who have been seriously injured or tragically killed because of a dangerous highway condition and thus we urge the Governor and Department of Transportation to consider other solutions before sacrificing highway safety.

For example, we recently represented a U.S. military sergeant who nearly lost her life due to a tragic automobile accident on a Georgia interstate when she was hit by a reckless driver, an admitted drug addict, who had been weaving in and out of traffic. She rolled through several freeway lanes of traffic before tumbling into the emergency lane and flipping into an embankment.

Fortunately for her, other witnesses and Good Samaritans had an emergency lane during the time of this collision where they were able to pull over and assist her in while they waited for emergency medical personnel to arrive.

This client of ours sustained serious medical injuries that she will sadly suffer the rest of her life. Shortly after the automobile collision, she retained a lawyer who wanted her to settle her claim for $30,000. Dissatisfied with the legal service she was rendered, she terminated him as counsel and subsequently retained her firm. We were very honored to be able to represent her and aggressively litigated the case preparing for trial. As a result of hard work and preparation, we were able to settle her case for the full policy limits, at a confidential six figure settlement.

She recently wrote to us the following:

"I was in a horrific car accident in 2009. I was hit by a drug addict. My car did 'three-sixties' on the highway and flipped over into an embankment. My car was totaled. By the grace of God I had no broken bones but I had several other injuries.

Hopefully I will not have to use their services again...but if I ever need an attorney, I will definitely use them an no one else! Remember this name "Williams Oinonen LLC. They are the truth!!!!"

While we are grateful and honored to have been able to represent this United States Military Sergeant, we are also grateful that her injuries were not more severe. One reason this particular automobile accident did not turn out worse then it did was because the Good Samaritans and ambulance personnel who helped her had access to an emergency lane.

Good Georgia Lawyer urges the Governor and Department of Transportation to reconsider this plan for the Georgia 400. Nothing is worth more than keeping the safety of our Georgia residents first.

Tekila Mynon Glass, age 30, from Riverdale, Georgia was charged with misdemeanor vehicular homicide as a result of the death on Sept. 18, 2011 of a 1-year-old child who was in a stroller at Lenora Park in Gwinnett County.

Witnesses who observed Ms. Glass strike the child in the stroller as she backed up with her 2005 Chrysler Pacifica through the parking lot at Lenora Park on Lenora Church Road are urged to contact the Accident Investigation Unit at 770-338-5675.

Tekila Mynon Glass, was charged with improper backing which resulted in the death of Olivia Hellwig. Broooke Hellwig was the mother of Olivia Hellwig. Ms. Hellwig was pushing Olivia in her stroller when her young daughter was killed.

Olivia Hellwig was transported to Children's Healthcare at Egleston in Atlanta where very sadly she tragically died. Her mother, Brooke Hellwig, was also treated for injuries police said. Her greatest injury of course was the loss of her young daughter due to the negligence of Ms. Glass.

Gwinnett County police report revealed that Glass' vehicle carried six passengers. The police request that anyone who has witnessed the accident and has yet to speak with investigators to please contact the Accident Investigation Unit at 770-338-5675.

Good Georgia Lawyer urges our legislature to craft stricter laws that will keep pedestrians safe and prevent terrible tragedies that result in the loss of life. In the event a Georgia citizen dies due to the result of someone's negligence, then the negligent driver is generally held liable for a failure to exercise reasonable care while driving. Hopefully, it is the case that Ms. Glass carried an ample insurance policy so that the family of the young child she killed may receive damages---money given as compensation to assist a family in a personal injury suit.

In Georgia, there are two major types of damages--compensatory and punitives. Punitives punish and deter the offender from injuring someone in the future. Compensatory helps with medical bills, funeral costs, pain and suffering.

If you know someone who has experienced the loss of a loved one due to the negligence of a person or a corporation, we encourage you to seek legal advice immediately.

Good Georgia Lawyer implores all Georgians to drive carefully: always pay attention when backing up your vehicle in a parking lot. You never know what precious cargo may be in your path and your life as well as the life of someone else can change in a split second if you are not exercising caution at all times while driving.

Continue reading "Good Georgia Lawyer Discusses Wrongful Death In Georgia Due To Automobile Accident Tragedy" »

A very sad tragedy occurred for a Clayton County, Georgia family this past weekend. Franky J. Cassidy, a 24-year-old man was struck and killed while riding his motorcycle home from work. Marvlyn Eugene Martin, was drunk driving when he ran into Cassidy's motorcycle head on at 4 a.m.

Police stated that Martin had a blood-alcohol count of .192 percent, more than double the legal limit. Martin was charged with driving under the influence, homicide by vehicle, having an open container of alcohol in his vehicle and other traffic violations.

The Atlanta Journal Constitution reported that as of yesterday, Martin was held without bond on the homicide charge in the Clayton County jail.

The fact that Martin was driving intoxicated will certainly be admissible and would be the primary factor for proving punitive damages in a wrongful death lawsuit. At a trial of any civil or criminal action arising from actions alleged to have been committed by any person in violation of O.C.G.A. 40-6-391, evidence of the amount of drug or alcohol in a person's blood, breath, urine or other bodily fluid at the alleged time, as determined by chemical analysis shall be admissible. Cheevers v. Clark, 214 Ga. App. 866 (1994).

When a police officer requests a driver to submit to a chemical test because of actions alleged to have been conducted while driving a motor vehicle under the influence of drugs or alcohol, and the police officer arrests that persons, O.C.G.A. 40-6-392 requires that the police officer informs him at the time of the arrest of his or her right to an independent analysis to test the amount of drugs or alcohol present in the blood stream in order for the test administered by the police to be admissible at trial to prove the accused was driving under the influence of drugs or alcohol. Carswell v. State, 171 Ga. App. 455 (1984).

Continue reading "Wrongful Death for Clayton County Man Due to DUI Driver " »

This is a video clip that would be hilariously funny if it was not so true. This is a conversation between an injured person and an insurance company adjuster. The insurance company adjuster represents the drunk driver who caused the injured person's broken legs and brain injury.

Many people make the horrible mistake of trusting the insurance adjuster who represents the person that hurt them. No matter what type of injury case you are involved in, this is the worst thing you can do. The insurance adjuster is not on your side! Their only goal is to try and get you to settle for as low of an amount of money as possible.

No matter how nice they may seem, they are not your friend and they do not have your best interest at heart. Do not give them a statement. Do not sign any release forms. Do not talk to them or anyone else before talking to an attorney.

Sometimes we meet injured plaintiffs who thought they could "out smart" the insurance company and settle their case themselves. Unfortunately, they do not understand who and what they are going up against--and the result is very damaging.

As you can see from this video, the insurance company's standard defense will be to try and deny that their insured had anything to do with causing your injuries as well as to deny that you are really even injured. And if you are injured, they will scour your past medical records and argue that your injuries had something to do with a pre-existing condition.

Don't go it alone! If you are suffering any type of problem make sure you seek counsel to understand all your rights and to protect your legal interests.

The second fatal collision occurred last week in Moultrie, Georgia this time involving a motorcycle and truck. The Georgia State Patrol investigators reported that a 1996 Toyota Tacoma, driven by an 81 year old man named James Henry Smith, failed to yield when crossing a road, hitting a motorcycle that was driven by 30 year old Randy Larry Harris.

Very sadly, Mr. Harris was ejected from his motorcycle and died at the scene. Mr. Harris, a young man at age 30, tragically left behind a loving wife, children, and large extended family from West Berrien. He was a diesel mechanic and shop supervisor at the Berrien County Bus Shop, and a member of Ebenezer Baptist Church. The elderly driver who hit him was given a citation for failing to yield.

Very sadly, motor vehicle crashes such as this one are the leading cause of injury and death in the United States. The most recent 2010 report put out by the CDC (Center for Disease Control) reports that motor vehicle crashes are the leading in fact the cause of death among those age 5-34 in the U.S. The financial impact is also significant: the lifetime costs of automobile crash deaths and injuries among Americans was listed at $70 billion a year just a few years ago.

Good Georgia Lawyer urges our lawmakers, city and state leaders to continue to develop programs and policies that will change behaviors to keep drivers, motorcyclists, bicyclists, and pedestrians safe on the road and fight against such terrible tragedies that result in the loss of loved ones. Although recent legislation has been passed, there is more to be done in order to protect Georgia citizens from dangerous vehicle collisions.

In the event a Georgia citizen is injured or killed as the result of someone else's negligent driving, then the defendant driver is usually held liable for a failure to exercise reasonable care and caution while driving or violating Georgia Rules of the Road which include failure to yield, running red lights, reckless speeding, hit and runs and more.

In a successful personal injury case, the injured Georgian or their family may receive damages, which is money given as compensation to help the injured person and their family. In Georgia, there are two major categories of damages that courts may award the injured - compensatory and punitive damages. Punitive damages punish the offender and deter them from hurting someone else again. Compensatory damages can help medical bills, funeral costs, pain and suffering.

The law firm of Williams Oinonen LLC urges all Georgians to drive safe: always exercise care and caution while travelling on the roadways.

New Georgia biking law General Assembly House Bill 101, which went into effect July 1, provides for safer bicycle riding for bicyclists and the motoring public.

It also spells out minimum safety guidelines for bicycle lanes in Georgia.

Georgia bikers say they hope the new law encourages motorists and bikers to be more careful. Reports of accidents between motorists and cyclists in 2009 and 2010 faulted cyclists at 48 percent of the time and motorists around 39 percent of the time. The remaining percentage was for no fault or when both parties (the cyclist and motorist) were both to blame.

Good Georgia Lawyer is encouraged that new biking laws were instituted which seek to protect bikers but urges city council and the legislature that there is more to be done in order to protect Georgia citizens. We encourage the city of Atlanta to institute a public service campaign that promotes biker safety and requires bikers to wear helmets as many other cities do. All too often bikers have suffered death or irreversible brain damage due to a head injury that might have been preventable with a helmet. All too often we see bikers riding the streets of Georgia on a death wish: weaving in and out of busy traffic lanes without a helmet, running red lights, and riding in the dark without visible clothing or lights.

Williams Oinonen LLC supports our biking clients and want to make sure cyclists' safety is protected at all times. We encourage all bikers to take the right precautions (wearing helmets, obeying road rules, staying to the right as much as practical) to avoid dangerous situations that put their life at risk.

For motorists--it is not worth putting a cyclist's life at risk and having to live the rest of your life knowing you were at fault for injuring or killing another human being. We encourage motorists to always give cyclists space, as though they were another car!

Sharing the road is a two-way street: motorists and cyclists need to look out for each other!

MARTA bus driver Belinda McMillan was arrested and charged with reckless conduct after being accused of dragging a 62-year-old woman-- Lettie Robinson who was just trying to get off her bus this past Sunday night.

According to Atlanta Police, Miss Robinson was exiting MARTA bus 2977 on route 51 at about 8:30 p.m,when her pocketbook got stuck inside the bus. The MARTA bus driver continued driving while dragging her approximately 63 feet.

A passenger on the bus described the bus driver as acting agitated against the victim Miss Robinson even before she got off the bus. The passenger who wished to remain anonymous stated: "people were trying to notify her that she was dragging this person. It was like she had no regard. She just wanted to close the door and move as quickly as possible."

Witnesses driving by on the road reported that they saw Miss Robinson being dragged and drove their car in front of the bus to block it. That's when the bus driver allegedly stopped and opened the door.

Atlanta police reported that "The victim fell to the ground and rolled in front of the bus. . The MARTA bus driver drove around the victim and left the scene." The Police apprehended the bus driver at the West Lake MARTA station.

Sixty two year old Miss Lettie Robinson sustained a broken arm and cuts on her head and legs---especially traumatic as Miss Robinson already requires a walker to get around due to a spinal condition. She was taken to Grady Memorial Hospital in Downtown Atlanta.

Duty of drivers under Georgia law:

Under Georgia law, a single act of negligence is sufficient to establish liability. General Seat and Back Manufacturing Co., v. Bergeron and Sons, Inc., 91 Ga. App. 431, (1955).

When an individual is operating a motor vehicle upon the public streets and highways of Georgia, he is bound to exercise ordinary and vigilant care to avoid injuries to persons lawfully using the streets and highways; and one who injures another because of failure to exercise ordinary care and diligence in the operation of a motor vehicle may be liable for damages to the person injured. Merriwether Co. v. Creamer, 146 Ga. App. 651 (2d.), 247 S. E 2d. 178, 180-181 (1978).

Duty of "common carriers" which include MARTA drivers:

However common carriers (such as a MARTA bus, a train or airplane) are required to meet even a higher standard. All common carriers operating in Georgia, carriers of passengers, such as buses, trains, airplanes, and subway systems, have a statutory duty to exercise extraordinary diligence to protect the lives and persons of its passengers. "A carrier of passengers must use extraordinary diligence to protect the lives and persons of its passengers. O.C.G.A. § 46-9-132."

Based on the evidence thus far, it appears that Miss Robinson has a very strong case against MARTA for the injuries she sustained due to the failure of this common carrier to meet their duty of extraordinary care.

Ethical considerations for attorneys who represent the injured:

It is our hope that all injured Georgians are able to obtain good competent legal representation to assist them. During times like this, it is important for injured persons in Georgia to find an attorney who can immediately protect their best interests as various expiration deadlines exist in legal matters.

Injured persons should know that it is illegal for attorneys (other than those who are personal friends and family members) to have themselves or someone else on their behalf solicit the injured in person by contacting them directly (known as "direct personal contact") or by calling them on the telephone ("live telephone contact.") See Georgia Rules of Professional Conduct 7.3.

If you or your loved one has been injured or killed, make sure that you find an ethical attorney who complies with the Georgia Professional Rules of Conduct and has not sent a "runner" on their behalf to solicit you during your time of loss or hardship. If you have been illegally solicited by an attorney or a "runner" consider using another attorney and reporting such conduct to the State Bar of Georgia at 1-800-334-6865.

Good Georgia personal injury lawyers are needed whenever you have complicated legal issues concerning automobile accidents and other vehicle crashes.

These legal issues are not always as straightforward as they may seem. For example, just last year, the Georgia courts faced a question as to what does the law say if the meaning of the term "accident" in an automobile liability insurance policy if it is not expressly defined, and how do you determine if there was one accident or two when an insured vehicle struck one claimant and then very shortly thereafter struck another?

In 2010, in the case of STATE AUTO PROPERTY AND CASUALTY COMPANY v. MATTY et al. 286 Ga. 611 (2010), the Georgia Supreme Court decided the answers to these questions.

Here, a vehicle driven by the insured struck a bicyclist, killing him, and then struck a second bicyclist, seriously injuring him. An accident reconstruction expert testified that, assuming the insured traveled at a constant speed of 55 miles per hour, it would have taken her just over a second to travel between the two bicyclists.

The insurance company argued that this incident constituted one accident and that under the policy, it was responsible for providing only a single $ 100,000 limit of coverage; the policy contained a liability limit for bodily injury of $ 100,000 for all damages resulting from any one auto accident, regardless of the number of insureds, claims, and vehicles in the policy declaration or involved in the accident.

In order to answer these questions, the Georgia Supreme Court adopted the cause theory for use in liability insurance cases in Georgia, whereby courts looked to whether, after the cause of an initial collision, a driver regained control of the vehicle before a subsequent collision, so that it could be said that there was a second intervening cause and therefore a second accident.

The outcome of the case is that the Court concluded that the meaning of the term "accident," when not otherwise defined in setting limits of liability, should be determined using the cause theory. The court held that this theory applied to the insurance contract at issue in this case and returned the case to the district court with directions to resolve the case by applying the cause theory to the facts of the case.

Continue reading "Good Georgia Personal Injury Lawyer: Auto Accident Attorney Law In Georgia Challenged The Meaning Of "Accident"" »

Georgia Personal Injury Lawyer and Auto Accident Attorney litigation involving the effectiveness of a notice of cancellation of a car insurance policy was addressed this past year by the Georgia Supreme Court.

The U.S. Court of Appeals for the Eleventh Circuit certified the following question for the Georgia Supreme Court to answer: Was a notice of cancellation, properly given after a premium was past due, ineffective because it provided an opportunity for an insured to keep the policy in force by paying the past-due premium within the statutory 10 day period?

In the lawsuit, the insurance company contended that a policy was not in effect on the date of a collision due to a cancellation notice. The insurance company had sent out a notice entitled "CANCELLATION NOTICE, NONPAYMENT OF PREMIUM," and the cancellation date was printed out in small boxes at the top and bottom of the paper. The paper also had "NONPAYMENT NOTIFICATION," and "NON PAY NOTICE" stamped in large letters. The insurance company's notice also contained payment options and a detachable payment stub.

The Georgia Supreme Court answered the certified question in the negative, noting that to be legally sufficient under O.C.G.A. §§ 33-24-45(c)(1) and 33-24-44, a cancellation notice had to positively and unequivocally state that the cancellation was occurring.
The mere fact that the notice contained an option for an insured to avoid the imminent cancellation did not change the clear statement that coverage was being terminated for nonpayment.

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Continue reading "Atlanta Georgia Personal Injury Lawyer: Auto Accident Attorney Needed In Car Crash When Auto Insurance Policy Is Unclear" »

Very tragically, two people were killed yesterday in northeast Georgia in fatal car accidents. A 47 year old woman of Homer, died after her car crossed the center line and hit another car on Georgia 51. This occurred near Homer, in Banks County just before five o'clock. Five other people were injured in the crash.

Earlier that afternoon a 73-year-old died in a one-car accident near Dawsonville. Georgia State Patrol says reported that the victim was in an automobile that left Hubbardsville Road and collided with a tree.

The loss of a loved one due to a tragic accident is one of the most difficult things families can face. To add insult to injury, it is unfortunate that so many insurance companies fail to compensate the victim and victim's family without a fight.

In the typical Georgia automobile policy, an insurance company agrees to pay money for that which the insured driver becomes legally obligated to pay in damages such as bodily injury, sickness or death.

Bodily injuries covered includes the broad range of physical and mental injuries for which one can recover compensation for under the tort law of the state. This could include physical injuries, mental distress, lost wages, medical expenses, liability to a spouse for loss of consortium, and general damages for pain and suffering.

Generally and unfortunately however, insurance companies never pay the full amount of compensation for a person's injuries. The insurance adjuster who contacts the injured person or injured person's family member often have an objective to get them to settle for the lowest amount of money possible.

This not only hurts the injured person and their family, but also the insured driver whose negligence caused the injuries. And when accidents happen, everyone wants their insurance company to adequately represent them if they are at fault. Yet if an insurance company doesn't cover their insured driver properly and the driver ends up being found liable for causing injuries, it is the driver at fault who will be personally liable for the excess amount of the judgment that is not covered by the insurance policy.

Fortunately however, Georgia law protects insured drivers by punishing insurance companies who act in bad faith. Georgia courts have ruled that the insurance company is liable for an excess judgment if it is guilty of bad faith, fraud, or negligence in failing to settle within the policy limited. Allstate Ins. Co. v. Harris, 133 Ga. App. 567 (1974). Georgia courts also now require that the insurance company give equal consideration to the insured driver's financial interest as to their own. Southern General Ins. Co. v. Holt, 262 Ga. 267 (1992).

Continue reading "Automobile Accident Tragically Kills North Georgia Residents" »

Multiple automobile accidents occurred throughout Georgia today due to the snowy weather. As of late tonight the roads are still dangerous, so until the sun melts the snow off the roads it is best to avoid driving if at all possible. If you do need to drive, consider the following top ten tips for dealing with icy roads:

1. Decrease your speed significantly and allow three to six car lengths between you and the car in front of you to stop.

2. Brake gently to avoid skidding.

3. Keep your headlights on.

4. Use low drive for traction and do not use cruise control.

5. Be especially careful on bridges, overpasses, and roads that are not well traveled which generally freeze first.

6. Watch out for patches of black ice.

7. If you do start to skid, gently lift your foot off the gas pedal and slowly steer in the direction you want your car to go.

8. Wear your seatbelt and don't text or talk on your cell phone while driving. (Good advice regardless of the weather.)

9. Stay away from deadly tractor trailer trucks. Keep out of their lane and the lanes next to them at all times. (Again, good advice regardless.)

10. If you do get in an accident: call the police to get an accident report. Take photos with your cell phone of the damaged vehicles, tire skid marks, etc. Exchange information with other drivers. Don't admit fault or give a statement to the insurance adjuster who represents the driver who hit you. They are not your friend although they may pretend to be. Their only mission is to settle your claim for the lowest amount of money possible.

Drive careful Georgia! Your loved ones want you home safe.