Personal Injury Category Archives - Page 9 of 14 - Atlanta Injury Lawyer Blog Published by Atlanta Personal Injury Lawyer

Am I Safe in an Uber?

July 31, 2015 | Robin Frazer Clark

Ridesharing services have been advancing in the app world over the last few years. Quite a few companies have become enormously popular for their efficiency and ease compared to traditional taxi companies. GPS based with pre-set payment settings, the whole interaction takes place online and even shows you a map counting down the moments until your driver arrives. Uber has quickly become a household name, and alongside Lyft, dominate the ridesharing sphere. There are, however, a number of safety concerns associated with the process. It is a rather strange concept to get into a stranger’s personal car and trust them to drive you safely to your destination. Recently, Uber has been attempting to address many of these concerns as well as handle a number of injury lawsuits that have occurred.

Fortunately from an insurance perspective, these ridesharing companies have got you covered. There is major debate between the taxi companies and Uber/Lyft regarding this topic, because taxi companies believe they better protect against possible insurance disparities after an injury. Largely in response to this criticism and attack by traditional taxi companies, Lyft and Uber now both have liability policies that provide additional coverage in the event that the passenger is injured in a driver’s vehicle and the driver’s insurance doesn’t cover all of their injuries, which is almost always the case. Not only that, but even in the event of an accident in which the company driver is not at fault, and the other motorist at fault is uninsured, they will still provide coverage if you are injured.

The Georgia Legislature passed a ridesharing bill this session (2015) that essentially sought to level the regulation of Uber and Lyft with that of traditional taxi companies. House Bill 225, which passed the Senate by a 48-2 vote, is the culmination of efforts to require the app-based transportation industry to meet the same standards that apply to other transportation providers, such as taxis and limousine companies. “The world as we know it in transportation has changed because of transportation companies like Uber and Lyft,” said Sen. Brandon Beach, R-Alpharetta, who carried the bill in the Senate. “This creates a new framework that allows them to grow with light regulation and common-sense policies.” Governor Deal signed the bill into law in March 2015 which mandates companies like Uber must have $1 Million in insurance coverage for its passengers. There continue to be squabbles between the traditional taxi companies and Uber, but free market principles of competition should control the outcome.

Music Festivals- Lawsuits and Liability

July 13, 2015 | Robin Frazer Clark

As many of you may know, the summer is peak time for music festivals. These events draw eclectic crowds of all ages, and cater to a wide range of musical and cultural interests. Recently there was Bonnaroo in Manchester, Tennessee, Firefly in Dover, Delaware, Electric Daisy Carnival in Las Vegas, and many more happening all over the country. These events attract massive crowds by the hundreds of thousands, and unfortunately, they’re no Woodstock. Every year people die at major music festivals, accompanied by hundreds of arrests and injuries. Considering the mass drug and alcohol use that typically takes place, this is not entirely surprising. Some people are beginning to point the finger at the electronic dance music community (EDM) as a whole, as there seems to be more drug related deaths at those festivals. One major electronic festival, Electric Zoo in New York City, was forced to cancel their final day this year due to deaths involving MDMA. Often in these circumstances, it is difficult to allocate responsibility. It is entirely foreseeable that in that large of a crowd, something will go wrong. Police presence and safety measures are not, unfortunately proving up to the task of reasonable safety for such a large crowd. Families of several victims of an incident at the South by Southwest music festival in Austin, Texas, however, are attempting to hold the festival corporations accountable for wrongful death.

3 Things to Know for Holiday and Summer Safety

July 6, 2015 | Robin Frazer Clark

One of my favorite holidays, the Fourth of July, celebrating our Nation’s Independence, has just passed. It’s the time to celebrate our nation’s formation and relax, wherever you might be, with family and friends over the long weekend. Unfortunately, it’s also one of the most dangerous weekends of the year due to an array of safety hazards. I hope it was a safe holiday for you and your family. Here are some things to keep in mind:

Driving: Independence Day weekend consistently results in the highest amount of fatal crashes in the U.S. Between 2008 and 2012, there was a calculated average of 127 fatal car accidents each year just on July 4th. Just about everyone is going to be on the road, and will likely be distracted and hurried. Distracted driving, as I’ve written about before, has become a major problem over the last decade due to cell phones. For your own safety and those around you, put them away while driving! Alcohol is also a significant factor in crashes, and accounted for 41% of deaths last year. So needless to say, DON’T drive drunk. The ride app Uber is a great new tool and when in doubt, call a cab. Also, DO remember to buckle up. The CDC reports that it can reduce injuries and deaths in a crash by 50%.

Fireworks: Because of the new laws put in to effect July 1st, it is now legal to set off fireworks in Georgia between certain times on holidays. This is great news for fireworks fanatics, because you won’t have to drive to Alabama anymore for your sparklers; however, it is very important to be cautious while using them. In 2013, there were eight deaths and 11,400 injuries in the US just due to fireworks. If you’re lighting them yourself, DO make sure you’re in a clear outdoor area with no surrounding trees or brush. Keep a safe distance from them as they go off, and always have a water source nearby, just in case. I also recently read about fireworks triggering PTSD for veterans, as the loud explosions can cause distress for those dealing with the disorder. If you know of veterans in your neighborhood and plan to set off fireworks this weekend, it may be courteous to let them know.

5 Things You Need To Do For Safe Swimming

June 15, 2015 | Robin Frazer Clark

Georgia, unfortunately, often leads the nation in pool and spa deaths. 2015 appears as if it will be no exception. Already, in the month of May alone, three children have died in Georgia pools or spas. Fortunately, there are numerous resources for learning about pool safety and I recommend you review them, regardless of whether you already think you have sufficient knowledge about pool safety. The Georgia Department of Public Health has many recommendations and it is a good place to start.

Probably the first line of pool safety is to teach your child to swim. And I don’t mean dog-peddling, or holding on to the edge of the pool at all times, I mean actual swimming for a good distance on the child’s own power. Sometimes swim lessons can be expensive, and I realize that, but they are absolutely necessary. Your local YMCA has year-round swim lessons and I recommend you enroll your child in one now if he or she isn’t already able to swim completely and competently on his or her own. On June 18, 2015 the World’s Largest Swim Lesson (WLSL) will occur and you can find host pools here in your area. The National Drowning Prevention Alliance (NDPA) sponsors this important endeavor every year.

In the meantime, here are 5 things you can do right now to make sure the pool your child swims in is safe:

Recent Recalls: How will they affect me?

June 4, 2015 | Robin Frazer Clark

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In recent months, a series of serious automotive recalls has hit the headlines. Two major companies, Takata and General Motors, have begun issuing recalls of millions of cars due to defective safety features. For almost ten years, these companies have avoided these potential issues and as a result, many people have died. These companies must now publicly face the consequences of their actions and take responsibility for the deaths caused by these incidents.

In a recent article by Claims Journal, General Motors attorney Kenneth Feinberg stated that GM is now taking responsibility for at least 100 deaths caused by faulty ignition switches in some of their vehicles. This number is a sharp increase from the 13 documented deaths caused by the malfunctioning switches last year. Feinberg stated that each claim found to be legitimately caused by a faulty switch would begin with $1 million in compensation, and increase based on the specifics of the accident.

The exact issue with the switches is that they can sometimes slip from the “on” position to the “off” position, which causes the cars to stall and disables the air bag functioning. Obviously, this poses a huge safety risk in the case of a crash, and is something that General Motors should have thoroughly investigated when the claims began almost a decade ago. They believe the car models most affected by ignition recalls are Buick, Cadillac, Chevrolet, Oldsmobile, Pontiac and Saturn. In the interest of public safety GM has created a website dedicated to information regarding the recall. To check if your car is on the list, click here.

Georgia Highway Traffic Deaths Up Alarmingly

May 26, 2015 | Robin Frazer Clark

Each state keeps the grim statistics of deaths and injuries from car wrecks on major holidays. Georgia is no exception. The final statistics for Georgia have not yet been released by the Governor’s Office of Highway Safety, but this year’s Memorial Day traffic was supposed to be the heaviest ever for this holiday, so you can bet the number of wrecks went up. This news couldn’t come at a worse time for Georgia as it has just recently been reported that Georgia traffic deaths are on the rise.

“With traffic related deaths up 25 percent, Georgia DOT is urging drivers to Drive Alert, Arrive Alive. Their new campaign prompting drivers to wear their seatbelts, stay off the phone and focus on driving.

Georgia isn’t the only state with an increase in roadway deaths. As of May 17, 327 people have died on South Carolina highways, this compared to 282 highway deaths during the same time period in 2014.

I Think The Driver Who Hit Me Was Distracted. Does That Matter?

April 20, 2015 | Robin Frazer Clark

I saw in this morning’s AJC an article on the front page about distracted driving. Unfortunately, the article reports that distracted driving has gone up, that roadway deaths on Georgia roads have increased by a third and that distracted driving may very well be to blame for that increase. Online today I also read of the tragic death of a Roswell High School student from a car wreck with another teenager Saturday night. We do not yet know what caused this tragic accident.

As the mother of a 20 year old college student and a 17 year old senior in high school, both of whom drive on a regular basis, this is the sort of news that leads to a lot of sleepless nights. I know you parents out there can sympathize. The question is what can we do to reduce the number of such highway deaths? Has distracted driving made a difference?

Most of us may think of “distracted driving” being solely texting while driving (something I labeled “TWD” years ago). Texting While Driving is now illegal in Georgia (and has been since 2010) and in 45 states total. 14 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands prohibit all drivers from using hand-held cell phones while driving. That means simply making telephone calls on your mobile phone while driving is illegal, much less texting while driving. But what is the distinction between texting while driving and calling while driving? Is there one? Can’t punching in someone’s cell phone number while driving be just as distracting as texting a message while driving? The National Highway Traffic Safety Administration reported that in 2012 driver distraction was the cause of 18 percent of all fatal crashes – with 3,328 people killed – and crashes resulting in an injury – with 421,000 people wounded.

Do I Have a Case Against a Police Officer for Excessive Force?

April 3, 2015 | Robin Frazer Clark

The recent news about a young veteran who had mental health problems and was found running naked in his apartment complex, who the police shot, has the attention of many Georgia residents, especially me. You probably have read or seen the story on the news. Anthony Hill was a 27 year old U.S. Veteran who had known mental health problems, including bipolar disorder. He was found running naked around his apartment complex knocking on doors. He had done no harm to anyone. He was obviously unarmed as he was naked! Witnesses indicate Mr. Hill was about 180 feet away from the DeKalb County police officer who ultimately shot him when the officer first encountered Mr. Hill. The DeKalb County police officer, like every other police officer, was armed with a taser. For unknown reasons, the officer pulled his gun instead and shot Mr. Hill. Mr. Hill died.

As far as I have seen in news reports, Mr. Hill had violated no law (except maybe public decency?), had harmed no one, had not touched the police officer, had not resisted arrest…in short had done absolutely nothing to justify being killed at the hands of a DeKalb County police officer. Is this excessive force? Absolutely! Is it a crime? Yes, I think it is. This conduct, shooting a totally innocent, obviously unarmed man rises to the level of a crime, manslaughter perhaps, and the DeKalb County District Attorney’s Office should seek an indictment. And if you don’t think for a minute that Mr. Hill could have been you or your loved one, you need to think again.

What is going on with police forces lately? There seems to have been a rash of unjustified shootings of innocent, unarmed people. Some of these shootings are race-related, for sure. But there doesn’t seem (at least right now) to be a racial issue involved with the shooting of Mr. Hill. What was involved was the patently obvious lack of appropriate training of police officers on how to deal with a person who is exhibiting signs of a psychotic break or mental instability.

The Unintended Consequences of Apportionment: Part I

January 15, 2015 | Robin Frazer Clark

What is apportionment? How does it affect my case? What does it mean? Can I ever get justice in my case with it?

These are typical questions I often get from my clients in personal injury cases. The issue of apportionment comes up now in just about every case filed. Apportionment is the premise of Georgia law that says a jury may (but is not required to) apportion other people or entities, who are not even being sued in the lawsuit, a percentage of fault should the jury so choose. In a lawsuit, a defendant may claim some other person or company is to blame also and may ask the jury to consider assessing some percentage of fault or blame to that other person or company who is not named as a defendant in the lawsuit. This is known as “apportionment,” i.e., the jury apportions fault or blame to whoever they think is at fault. Apportionment came into Georgia jurisprudence in 2005 through the wisdom of Georgia Legislature, part of sweeping reforms then known as “tort reform.” Interestingly, nearly all of these so-called reforms have now been elimimated as unconstitutional by our appellate state courts, e.g., a cap on non-economic damages. That cap lasted only as long as it took for a case with a verdict higher than the Legislature-imposed cap to make its way to the Georgia Supreme Court, where the Court promptly held the cap on damages to violate the Georgia Constitution. That case is Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010). Notice the Nestlehutt case was decided in 2010, so there were five years between the creation of that unconstitutional law and the undoing of it. There is no telling how many Georgia citizens were victims of malpractice during those intervening five years who didn’t receive justice.

When the law of apportionment first reared its ugly head, many practitioners and prognosticators, including mediators, declared certain types of cases “dead.” I can remember many of these folks pronounced the premature death of negligent security cases because the defendant apartment complex or defendant business would simply be able to blame the criminal defendant who perpetrated the crime and get off Scot free. Well, in the words of Coach Lee Corso, “Not so fast!” Fairly quickly after the implementation of apportionment, and after every defendant tried to blame everyone else in the world for their negligence, including a criminal, known or unknown, that myth was disproven. For example, in the Martin v. Six Flags Over Georgia case, in which a young man was severely beaten by a gang at Six Flags, for no reason other than the gang (some of whom were Six Flags employees) wanted to beat someone up, the jury returned a verdict of $35 Million. The Cobb County jury attributed to the gang members a total of 8% of that $35 million verdict, and split between the four of them, it came out to 2% per gang member/roughly $750,000 each. This means that Six Flags had to pay the remaining 92% totaling roughly $32 million dollars in damages.

Can a Victim of Medical Malpractice Get Justice in Georgia?

December 3, 2014 | Robin Frazer Clark

I have been thinking a lot about “justice” lately. I have just finished a week long medical malpractice trial in DeKalb County in which I did not think justice was served for the family who lost their loved one (more on that in a minute) although I don’t criticize the jury in any way. That alone is probably a difficult concept for lay persons to accept, but it is the truth for trial lawyers. I also can’t remember a time when the word “justice” has been thrown out more in the media, in social media, in sermons and in everyday conversations than it has in the last few weeks due to the events in Ferguson, MO. That is extraordinary for the United States, a nation founded upon the very principles of justice. Try Googling “was justice served” and you’ll get a myriad (actually 1,920,000 ) of opinions regarding the Ferguson shooting, with about half of the articles responding in the affirmative and about half responding in the negative. Maybe this rough split of 50/50 is proof in and of itself that the justice system usually gets it right.

I was also skimming through a book titled “Justice” recently which noted that most Americans don’t take any oath to support and uphold the Constitution or even the laws of the state in which they reside. I find that interesting because I have done so several times, first when I was sworn in to practice law in the state courts of Georgia, then when I was sworn in the Georgia Court of Appeals, then when I was sworn in the Georgia Supreme Court, then when I was sworn in in the United States District Court for the Northern District of Georgia, then when I was sworn in to the United States Supreme Court, and then as an officer of the State Bar of Georgia and then, most recently, when I took the office of President of the State Bar of Georgia. That’s a lot of swearing!! But each time (at least 7, maybe more) I swore I would protect and defend the Constitution of the United States, the Constitution of the State of Georgia and the laws of the State of Georgia, “so help me God.” I take that oath as seriously as any single person has ever taken it. Part of that sacred oath is to protect and defend our justice system, criminal and civil. You will never hear me criticizing our justice system. There may be some things wrong with it, but it is still the greatest system ever devised by man for self-government. As Winston Churchill said about Democracy: “Democracy is the worst form of government except for all those others that have been tried.”

I say all of the above because after 27 years of practicing law in Georgia, I am on the verge of concluding that a victim of medical malpractice in this state cannot obtain justice. Jurors here in Georgia will look for the smallest shred of doubt, will do almost anything, not to hold a physician liable for his negligence. I can’t pinpoint one cause…there are probably many. TV advertisers must shoulder a lot of the blame. I am not a TV advertiser. I am an actual trial lawyer. When I stand in front of a jury to begin jury selection, those jurors are already suspicious of me because they know only of personal injury lawyers who advertise on TV with silly slogans or theme music, or has-been actors touting the lawyer’s legal acumen. Although I have never advertised on TV or anywhere for that matter, I am lumped in with those who do because I am a personal injury lawyer. I am guilty by association.