Articles Tagged with Personal Injury

When one purchases an automobile insurance policy from their insurance agent, the real reason that the policy is being purchased is to comply with Georgia law, which requires that all automobile drivers have minimum limits of liability insurance in the amount of $25,000.00 per person, $50,000.00 per accident. What this means is that if a driver is to drive lawfully under our laws, one must be financially responsible. If one runs a stop sign and injures another individual and breaks their leg, as an example, all drivers must have at least $25,000.00 in coverage which will provide some minimum coverage for the innocent victim of an automobile accident.

Uninsured/underinsured motorist coverage is optional coverage which can be purchased as a part of any liability insurance policy. It must be offered but it is not required to be purchased. However, all Georgia motorists should carefully examine such coverage because it can be extremely important in certain cases. The less insurance an at fault driver has and the greater the damage done by an accident, the greater the need for uninsured/underinsured motorist coverage.

In the hypothetical case where an at fault driver runs a stop sign and seriously injures an innocent third party who did nothing wrong, if the at fault driver has the minimum limits of Georgia law, that being $25,000.00, imagine how little compensation will be available if the innocent victim breaks their neck, loses a leg, loses an eye or otherwise has a very serious injury. In such a situation there will be no compensation for the innocent victim if the at fault driver not only has limited coverage but is judgment proof due to a lack of personal assets. In the hypothetical case posed, the only possibility of obtaining adequate compensation for the damages suffered by the innocent victim is the availability of uninsured/underinsured motorist coverage.

Our Atlanta attorneys frequently litigate motorcycle accident cases. Our experience over many years shows that in almost all cases the motorcyclist was not at fault.

Recently, the Atlanta media reported a case in which a young man was fatally injured in the Little Five Points district when the scooter he was driving was hit from behind by a vehicle.

Allstate insurance company has conducted a study of the most dangerous intersections in Atlanta for motorcycle riders.

As teens begin summer vacations, a disturbing warning has been issued by the U.S. Department of Transportation.

The latest data from U.S. Department of Transportation’s Fatality Analysis Reporting System show that the deadliest days of the year for teens ages 15-19 are in the months of May, June, July and August. During these four months, nearly twice as many teens died on the roads each day as compared to the rest of the year – for an average of nearly 16 deaths per day (15.9) – compared to an average of nearly nine deaths (8.8) per day during the year as a whole.

Individuals in the 16 to 24 age group have the highest traffic crash death rate in the country. Between 2005 and 2009 (the most recent year for which data are available), nearly 4,000 people from this age group were killed in crashes involving large trucks.

We read in the paper this week news articles about various traffic incidents involving pedestrians. In one case a drunk driver hit a pedestrian who was walking in a crosswalk at an intersection. The drunk driver apparently ran the stop sign running over and killing the pedestrian. In another case, again, a pedestrian was in a crosswalk and a driver simply failed to pay attention to the situation and ran over the pedestrian, seriously injuring the victim.

Big cities are dangerous because there are many cars and many pedestrians occupying the same spaces. Unfortunately, pedestrian accidents will occur and typically because it is a car verses the human body, the individual is seriously injured and/or killed. Pedestrians have the right of way in crosswalks and cars should always yield to them but reality teaches us that this is not always the case. When a drunk driver is involved, of course, all bets are off.

As is true of any other automobile collision or car wreck cases, the at fault driver will be responsible for the damages inflicted upon the innocent pedestrian. Unfortunately, in many cases, the at fault driver has either no insurance or limited insurance and the pedestrian’s chances of recovery therefore are dependent upon the financial responsibility of the driver involved in the incident. If the pedestrian has uninsured or underinsured motorist coverage, this can also be a potential revenue for recovery in any pedestrian injury case.

We read in the paper this week about a tragedy involving a motorcyclist who was struck and killed by a drunk driver. According to news accounts, the drunk driver was completely at fault in the incident and struck the innocent motorcycle rider from the rear. Regrettably, this case is indicative of the dangers to which all motorcycle riders are exposed. Such dangers are exponentially increased, obviously, when a drunk driver is involved.

We read in the paper this week about a tragedy involving a motorcyclist who was struck and killed by a drunk driver. According to news accounts, the drunk driver was completely at fault in the incident and struck the innocent motorcycle rider from the rear. Regrettably, this case is indicative of the dangers to which all motorcycle riders are exposed. Such dangers are exponentially increased, obviously, when a drunk driver is involved and as it appears in this case, the victim was simply at the wrong place at the wrong time occupying the same space and traveling down the same road as the drunk driver. The tragic results obviously were caused by the drunk driver’s negligence. Hopefully, the driver will be fully prosecuted and sent to jail. While jail time will be little solace to the victim’s family, nonetheless, it is necessary that there be a vigorous prosecution in all such cases in order to deter such actions by others.

The tragic results here obviously were caused by the drunk driver’s negligence. Hopefully, the driver will be fully prosecuted and sent to jail. While jail time will be little solace to the victim’s family, nonetheless, it is necessary that there be a vigorous prosecution in all such cases in order to deter such actions by others.

Approximately 2 years ago we published an article on the dangers of unsafe and dangeous glass products. We re-print this article because of the tragic death of a young woman who fell to her death this week after falling through a window at a hotel in downtown Atlanta. This accident was preventable but occurred because safety glass was apparently not properly used. In today’s modern age, with the known dangers involved, this is inexcusable. Our earlier blog entry is posted again in view of this tragedy:

“We are continually disturbed when we hear reports of persons injured by unsafe glass–decades after the need for “safety glazing” material (safety glass) was recognized. Our serious personal injury lawyers have delved deeply into the history of glass injuries in representing clients who have suffered what can be life-threatening injuries from unsafe glass, in premises liability cases tried successfully. We hope to share what we have learned about these dangerous products so that future injuries from dangerous glass can be prevented.

For more than thirty (30) years, the dangers of using glass that leaves sharp, jagged edges when it breaks has been known.

If a 28 year old male is killed and hypothetically he should have a 48 year life expectancy, when killed at age 28, the decedent has lost 46 years of his life according to the Annuity Mortality Tables of most states. Forty-eight years translates into 46 years times 365 days a year times 16 hours a day of consciousness (46x365x16=268,640 hours). Because we sleep for 8 hours a day, if one argues before a jury that the decedent would have consciously enjoyed life for 46 years times 365 days a year times 16 hours in a day this would result in the loss of 268,640 hours of life.

One way to approach a jury is to ask what would be fair compensation for the loss of human life. The average CEO in this country makes $10 million per year. Forty-six years of life is worth at least what a CEO makes in a single year and that’s an average CEO. Another way to look at it is to say to the jury that they should award what they consider to be fair compensation for the loss of life itself, the enjoyment of life, the relationships of life and things that will be lost forever, such as the relationship with a spouse, a child, professional pursuits, etc. Are such damages worth $20.00 an hour? If so, using the calculations above, the unit measurement approach for wrongful death damages, the full value of the life of the decedent would translate into 46 years x 365 days in a year x 16 hours of consciousness per day x $20.00 per hour for the loss of the life, which equals $5,372,800.00. Is this fair compensation for the loss of a life of a 28 year old male? Should it be double ($40.00/hr) or triple ($60.00/hr) this amount?

Under Georgia law, the measurement of damages is left to the enlightened consciousness of fair and impartial jurors seeking justice. A jury will have to decide what fair compensation is for the loss of human life based upon the educational background of the decedent, what they had to look forward to in their life and what they lost at the time of their wrongful death. This is a difficult calculation for any jury because translating the value of human life into dollars and cents is difficult at best even for the most fair and responsible juror. Nonetheless, it has to be done because there is no way to restore life to the decedent. All that we can do in our civil justice system is to provide a measure of compensation for that which was wrongfully taken.

As every individual is unique, so is the challenge faced by a trial attorney in trying to address a jury on the issue of the proper measurement of damages in the wrongful death case of any individual. All individuals are different. They come from different backgrounds and they are different ages, sexes, races, nationalities and religious beliefs. Whoever the unfortunate victim in a wrongful death case may be, the challenge is coming up with the best assessment of addressing damages when trying to obtain compensation for the loss of the full value of the life of the decedent. While all wrongful death cases involve the death of an innocent victim caused by the negligence of a third party, nonetheless, the measure of damages in all such cases is completely different depending upon the unique circumstances involved. As an example, there is a considerable difference in the measurement of damages of a young person verses an older person because the measurement for damages is the full value of the life of the decedent. Someone who has lived to 80 years of age and may only have a life expectancy of 5 years has a different loss than does a decedent who is only 20 years of age and loses 60 to 65 years of their life.
In Georgia there is a unique measurement used to establish the full value of the life of a decedent. The measurement is from the standpoint of the decedent, not the grieving family or heirs-at-law. What did the decedent lose when his life was prematurely cut short? Obviously, they lost the companionship of their loved ones, loss of their life interests, the loss of their relationships, the loss of their professional pursuits, etc. By definition, all such loses are unique to the particulars of the decedent.
In future blogs we will address how we go about trying to obtain fair compensation for the full value of a life of the decedent whether they be young or old, black or white, male of female. There are challenges when addressing the proper measurement of money damages in these cases because damages are arrived upon by a jury based upon their “enlightened consciousness” as to what fair compensation would be for the full value of the life of the decedent. There are many different approaches to discuss monetary damages which we will review in future entries on this subject.

According to a recently released report authored by the Centers for Disease Control and Prevention, car accident cases and wrongful deaths cost the State of Georgia approximately $1.5 billion in the calendar year 2005. Regrettably, this is the most recent data which as been collated and studied. Nationwide, car accident related deaths cost approximately $41 billion. Georgia ranked number 4 among 10 other states with the highest medical and work lost costs associated with preventable deaths caused by motor vehicle collisions.

Obviously, much can be done to reduce the costs associated with these tragedies. The CDC’s Injury Center has made numerous recommendations primarily based upon restraint systems, seat belt laws and universal motorcycle helmet requirements. The greater the safety emphasis, the less the costs involved according to the CDC which is why the CDC has decided to launch its first ever Decade of Action for Road Safety. This program is designed to heighten awareness and to implement safety regulations and procedures that will reduce the number of preventable deaths across this Country.

We see in our office everyday the tragic outcomes of wrongful death cases. Life is quite frail and can be taken at any moment at any time in a variety of circumstances. Clients that come to us typically have lost a loved one due to the negligence of a third party in a car wreck case where the offending motorist ran a stop sign, was speeding, crossed the center line, was driving drunk or otherwise. Life can be lost in car crash cases in different ways but typically the at fault driver has violated a Uniform Rule of the road and it is the violation of a safety law which resulted in the loss of innocent life.

Georgia Governor Nathan Deal has signed a new law requiring all children under the age of 7 to be placed in booster seats unless they are over 40 pounds in weight and/or stand more than 4 feet 9 inches tall. The new law will go into effect this coming January to give parents time to purchase booster seats if needed. The reason for the new law: Protection of our children. Authorities have tracked injuries to children over the last five years and have determined that the vast majority of children injured in car accidents were injured because they were not properly restrained. In short, children were receiving preventable injuries and hopefully this law will assist in decreasing those numbers.
Until the passage of this law, children under the age of six had to be placed in a booster seat. Again, statistical evidence showed that children between the ages of 6 and 7 needed the same protection and thus the new law is designed to provide that for them. Even if a parent uses a booster seat, it is important that a proper product be utilized because failure to use a good product can still result in injury. Indeed, there are many product liability cases that have been filed over the years against the manufacturers of children’s restrain systems as well as restraint systems in automobiles utilized for adults. The mere fact that a restraint system is used will not guarantee that someone will not sustain injuries. This new law hopefully will dramatically increase the chances of child safety and decrease the chances of preventable injuries.