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.

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.

Williams Oinonen LLC often receives phone calls from Georgia citizens, innocent owners of vehicles, homes, and/or cash who have had their property taken by law enforcement agents because, supposedly, their property is related to a drug offense. The process of taking property in this manner is called forfeiture. And Georgia Code 16-13-49 primarily governs forfeitures related to alleged drug sales/transactions. What's important for you to know is that you can fight to regain your property. But you must act quickly, because forfeiture laws and rules are complicated, and very time sensitive.

For example, Georgia Code 16-13-49 requires you to respond within thirty (30) days of receiving notice that your property is subject to forfeiture. If you don't respond within thirty (30) days, then, "all right, title, and interest in the property is forfeited to the state and the district attorney shall dispose of the property as provided" by Georgia law.

Furthermore, your claim (response to notice of forfeiture) must be sent by certified mail, return receipt requested or staturory overnight delivery. And your claim must:

1. Be signed by the owner or interest holder of the property under penalty of perjury;

2. Be sent specifically to both the law enforcement agency that took your property and the relevant District Attorney; and

3. Contain specific details such as (a) the nature and extent of your interest in the property; (b) the specific provision of O.C.G.A. § 16-13-49 relied on in asserting that your property is not subject to forfeiture; and (c) all essential facts supporting each assertion, amongst other specific details required by law.

You must comply with the above-mentioned, and more, in order to have a mere "opportunity" at getting your property back. Then, if you do comply with the requirements of Georgia law to challenge what is called an administrative forfeiture proceeding, you still must challenge a potential judicial forfeiture proceeding. Simply put, the state agency will first attempt to take your property through an administrative proceeding, which is discussed above. If you meet those deadlines and other legal requirements, the state will most likely file a "judicial action" (complaint for forfeiture) in an attempt to take your property through a judicial forfeiture proceeding. You then must comply with more strict guidelines, rules, and laws!

If all that was not enough (and I've only touched on a few aspects of this complicated area of law) the state may turn your case over to the federal government in what is commonly referred to as adoptive forfeiture. The federal government will then file a judicial forfeiture action in an attempt to take your property.

You must have an attorney who understands both federal forfeiture law and Georgia forfeiture law in order to adequatley protect your rights.

Significantly, state and federal agencies attempting to take your property must comply with strict procedural timelines and laws, too, meaning you may be able to get your property back by demonstrating that the government failed to comply with mandated, legal requirements. And there are many defenses that may apply to your case such as an "innocent owner" defense or a due process defense. However, as I've stated, you need a good attorney who understands this area of the law.

Continue reading "Georgia Forfeiture Law: Are You An Innocent Owner? Did The Government Take Your Property? What Can You Do To Get Your House, Car, or Money Back From The Government" »