Georgia Injury Lawyer Blog

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.

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.