Posted On: July 25, 2010

Semi Truck Crashes in Georgia Require Trucking Lawyers with Advanced Skills

Georgia Semi truck crashes devastate families across Georgia and yet year after year, some tractor trailer companies push their drivers well beyond their capacity as "big box" companies squeeze the drivers down to the penny on their margins. All of this downward price pressure creates a deadly combination of tired truck drivers and worn out equipment. The DOT is spread thin and relies on traffic enforcement to pull drivers off the road and that system typically misses 99% of the violators.

After spending seven years defending semi truck drivers and trucking insurance companies after serious crashes, we formed our firm to represent the victim's families. Civil law attorneys are not effective in prosecuting cases on behalf of victims unless there are bright and experienced lawyers representing the families. If you are reading this article after a family member has been hit by a tractor trailer in Georgia, there are some key things you should know.

Hire a Georgia Semi Truck Crash Lawyer Early

Hiring a trucking lawyer early on will drastically increase your success rate because without a thorough investigation, evidence will disappear. Even though many families are in the middle of the grieving or healing process, for serious cases, it is essential that you hire a semi truck crash law firm immediately.

A case we recently took in is illustrative. We are handling a case involving a gentleman rear-ended on the interstate by a tractor trailer. He sustained a fractured shoulder and has undergone two surgeries to repair the clavicle. Without critical recordings from the 911 call center we would have been unable to prove that the truck driver was lying about not seeing the victim prior to the crash. If we had been contacted 2 months later, the evidence would have been gone. In Georgia, police departments only retain 911 records for a certain period of time, often only 90 days. If the request for the records is not received in a timely fashion, the records can be overwritten.

Skid marks and yaw marks get washed away within a week of the crash in most cases and the paint marks from the SCRT (Georgia State Patrol Serious Reconstruction Team) unit will wash off within months. Witnesses move away and forget. Most importantly, operational documents from the trucking company can be destroyed and without a strong spoliation letter from the trucking lawyers, it is more difficult to argue that the trucking company should have retained the records beyond the six months required by the Federal Motor Carrier Safety Regulations.

Continue reading " Semi Truck Crashes in Georgia Require Trucking Lawyers with Advanced Skills " »

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Posted On: July 17, 2010

How Do I Sue the Driver Who Caused the Car Accident in Georgia?

If you read our Georgia Car Accident Guide book, you know that it does not make much sense to hire a Georgia injury lawyer for a case with $3,000.00 or less in medical bills.file your own lawsuit So lets assume that you followed the do it yourself guide in our book and now the insurance company is being ridiculous and is offering less than the medical bills. The only remaining option is to file suit.

Do understand that the other driver is going to get a free lawyer to defend them if they have insurance and that puts you at a serious disadvantage. Sometimes however, filing suit on your own will get you an increase on the offer. With small cases, you should file in the Georgia Magistrate Court for the County where the defendant lives. The Magistrate Court is small claims court and only handles cases seeking under $15,000.00.

Key Points to remember:

1) Sue the other driver, not the insurance company.
2) Sue in their home county or review our article on Georgia venue and personal jurisdiction requirements.
3) Make sure you keep an eye on the Georgia statute of limitations on injury claims.
4) Make sure the sheriff actually serves the defendant. Failure to serve kills the case.
5) Keep the complaint (document that starts the lawsuit) simple. What did the other driver do wrong. What did it do to you and how much were the bills. (submit the gross amount of the medical bills)

If it proceeds all the way to trial, keep in mind you may get overwhelmed on a technical defense.

Continue reading " How Do I Sue the Driver Who Caused the Car Accident in Georgia? " »

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Posted On: July 17, 2010

Can I Fire My Injury Lawyer in Georgia?

A large number of my clients come to my after firing their first injury lawyer. We recently wrote an article addressing the questions:

1) Can you fire your injury lawyer and hire another one?

2) What do you have to pay them if you do?

3) Can change lawyers after the insurance company makes an offer on your car accident case?

The answers to these questions are contained in the new article "Can I Fire My Georgia Injury Lawyer?"

Remember, you are the customer. Even though you are not always right (whoever invented that rule did not elucidate it correctly) the lawyer should always listen to you and give you the benefit of the doubt. If your lawyer will not meet with you in person, you need to reassess your relationship.

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Posted On: July 10, 2010

Georgia Bans Teens from Driving While Talking on Cell Phones

On July 1, 2010 Georgia's new texting while driving ban became law.With the words "No person shall operate a motor vehicle while using a wireless device to write, send, read any text based communication" we will hopefully see a reduction in the number of Georgia car accidents. georgia texting crash addition to banning all drivers from texting while driving, the law bans teens under 18 from even talking on a cell phone while driving. Named for a Georgia teenager who died while texting and driving, the new law calls for a $150 fine and one point added to the offender's driver's license.

The head if the US DOT already banned texting and driving for bus and tractor trailer operators in January. The U.S. DOT estimates that in 2008 alone 500,000 drivers were injured in car accidents caused by distracted driving and another 6,000 died. Enforcement will present its own unique headache as Georgia joins 19 other states with a texting ban but some states like New Jersey have successfully prosecuted drivers. New Jersey told NPR that its officers are writing 10,000 tickets a month. Talk about a revenue stream!

There is no doubt that cell phones and texting while driving are major distractions to the average driver and even though the ban won't completely fix the problem, it is a step in the right direction. As a practicing Georgia car accident lawyer I know that more than 30% of the crashes I review involve cell phone use of some type. For a client of mine struck in the rear by a teenager on a cell phone on June 30th, the law did not come quickly enough.

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