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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.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.

In a frustrating decision, the Georgia Court of Appeals has ruled that the Georgia Dramshop Act , OCGA §51-1-40, does not apply to convenience stores or vendors where the alcohol will not be served on the premises. Flores v. Exprezit A10A0703 (2010). Continue reading

According to a new study in the journal, Pediatrics, if a person is able to tense up their neck muscles, they may be able to minimize the whipsaw effect on the head and thereby reduce the incidence of concussion. Although the study was conducted on hockey player impacts, it has obvious implications for people involved in car accidents.

The study conducted by Jason Mihalik with the University of North Carolina at Chapel Hill involved attaching accelerometers to ice hockey players’ heads. The device would measure the degree of acceleration experienced by the player on impact. They then compared the video of the hit to the recorded data to determine whether the player was prepared for ht hit or not. The conclusion was that if the player is prepared and can brace their neck for impact, they lessen the acceleration of the head and the resulting movement of the brain.

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A neighbor of mine came to me for help after she fractured her tooth on a pebble that was in a salad she ordered at a local Mexican restaurant. Typically, these cases can be resolved with the insurance company for the restaurant fairly easily, but in this case my neighbor is not litigious and naively thought the restaurant would just voluntarily pay for the damage the rock caused. Two years later with the statute of limitations about to run out, she finally came to me with over $9,000.00 in dental bills for a root canal and a new implant saying the insurer would not respond.

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Over the last two to three years it has become clear that Geico Insurance has changed course and in certain cases has adopted a policy of denying valid claims and delaying payment to deserving Georgia car accident victims. The latest case that the firm took in illustrates the untenable positions that some Geico adjusters are being asked to take.

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One of the most frequent complaints we see from clients in the aftermath of serious car crashes are neck, head and shoulder pain. More often that not, the hospital has given the client a generic handout describing whiplash. Whiplash is not really a medical term and is used broadly to describe symptoms from the whipsaw effect of the head being moved backwards and then forwards and back again from a rear end collision.

https://www.youtube.com/watch?v=6CFJgsG5SO0

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Many of our clients call wondering if they even need a car accident lawyer in Georgia to handle their case. The short answer is, the more serious or complex the claim is, the more likely it is that you will need an attorney. Be very wary of lawyers who tell you need a lawyer no matter what or tell that you need a lawyer for a case with medical bills totaling less than $2,000.00. You should also beware of a lawyer telling you to get medical care with their chiropractor. Those cases rarely end well for the client.

In the following circumstances, you are probably going to need an attorney for your car accident claim:

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11 Alive News completed an analysis of car accident data from red light camera monitored intersections across the area and came to the conclusion that having the cameras increases the number of crashes. If true, that fact would require the permit for the cameras to be yanked. In my opinion, this is a knee jerk reaction to the data.

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Our new Georgia car insurance policy exclusions page is now up on the firm site. There have been a rash of coverage dispute with insurance companies stemming from car accidents in Atlanta and there are very few consumer resources out there. Just click on the hyperlink below to access the resource.

The Georgia car insurance policy exclusions covered include:

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As a regular part of their job, accident lawyers are called upon to examine and interpret the car insurance policies that apply in the aftermath of a crash. For the innocent victims of the crash, certain policy exclusions can be devastating.

Take for example a recent client who was struck by a driver whose license had been revoked due to too many dui convictions. This driver had no drivers license and had borrowed a friend’s car. Under Georgia law, even though the driver had no license and no insurance of his own, the insurance policy on the vehicle covers anyone driving the vehicle with permission. (understand that if a person is not a permissive user, they are not covered by the vehicles insurance) We sent out the certified letters to USAA insurance request they disclose the insurance policy limits and disclose any policy defenses. If this policy is drafted like most, it will continue an exclusion for coverage when the vehicle is operated by an unlicensed driver.

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