Atlanta Injury Lawyer Blog

DeKalb County Bicycle Wreck Results in Death

May 30, 2013 | Robin Frazer Clark

Traveling on a bicycle can be extremely beneficial to ones health and environment, but can be exceptionally dangerous, particularly in a busy city filled with anxious, and often careless drivers such as Atlanta. Drivers are multitasking constantly, and with so many other tasks to complete, looking out for bikers and pedestrians while driving is often neglected. A bicyclist is allowed to operate in the middle of the traffic lane if the bicycle lane is obstructed or if the road is too narrow to provide a specific bike lane. The Georgia Drivers manual states, “The law requires a driver to allow at least three feet between the driver and bicyclist wh en passing.” Often this is when most bike accidents happen, some very avoidable.
Over this past Memorial Day weekend, a 14 year old boy was killed in a bicycle accident in DeKalb County. While traveling east on Casey Cove Road, the boy crossed the center line and struck the front of an oncoming Honda CRV, headed westbound. The collision knocked him from his bike to ground where he was struck by an F-150 Pick up truck, also headed westbound. The boy was taken to Dekalb Community Hospital where he later died of brain injuries. The boy was a football player and just graduated the 8th grade, soon headed to high school. This young man didn’t even outlive his maternal great grandmother, a reminder that any of our lives can be taken whilst still unfulfilled, and at a moments notice.

Simple precautions when riding a bike may prevent the chance of an accident. While many accidents are out of the hands of the bicyclist, it is important to prevent the ones you can, but prepare for the ones you can’t. Robin Frazer Clark has handled many bicycle-car collision cases similar to this one, and fights to obtain justice for those whose lives have been significantly altered by the carelessness of others.

Your Uninsured Motorist Coverage Covers You When You Are a Pesdestrian and Hit by a Hit and Run Vehicle

May 7, 2013 | Robin Frazer Clark

As a plaintiff’s personal injury attorney who handles a wide variety of car wreck cases in Atlanta and the surrounding Metro area, I am sometimes, though not that often, asked to represent people in hit and run incidents. I say not that often because I don’t think many people know that their own car insurance may provide coverage to them when they are involved in a hit and run incident, especially when they are hit as a pedestrian. That may come as a surprise to you. It does to many people, including even other lawyers and judges. Unless you routinely handle car wreck cases as a lawyer, you may not be aware that your uninsured motorist coverage (UM) that you have purchased on your own vehicle also provides insurance coverage when you are hit while a pedestrian by a hit and run car.

But the insurance carriers know it, and once you try to make a claim on your car insurance policy for injuries sustained while a pedestrian, that’s when the insurance carriers go into full press mode to trot out every excuse in the book to deny you coverage. It’s wrong on many levels, especially when you were the one who paid the premiums exactly for that situation. It may even border on fraudulent, because they certainly don’t explain that to you when you are paying them the premiums!

This unjust situation came to mind recently as I read a story about a young UGA student who was hit by a hit and run driver while she was a pedestrian in Athens. She was severely injured in the incident. It also came to mind because next month I will be arguing this issue to the Georgia Court of Appeals in which I represent a client who was also severely injured by a hit and run driver while he was walking across Peachtree Street in Midtown Atlanta. State Farm Insurance Company denied his claim on his own policy on the basis that he did not report the incident to State Farm immediately. Did you know your car insurance policy, regardless of the carrier, has a provision in it that you must report an incident to them immediately. Which begs the question: what if you don’t know it’s an incident that might be covered by the policy? What average person would think that their insurance policy that covers their car would provide insurance coverage to them when they are on foot? That doesn’t even make sense, does it?

Law Day 2013

April 28, 2013 | Robin Frazer Clark

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May 1st is traditionally known as “Law Day” in America, a day in which the rule of law is celebrated. It was officially designated “Law Day” by Congress in 1961. Law Day underscores how law and the legal profession contribute to the freedoms that all Americans share. Georgia lawyers have already been holding events around the State to celebrate Law Day 2013. The State Bar of Georgia recently hosted hundreds of school children at the State Bar Center to celebrate Law Day in a program called “Realizing the Dream: Equality for All!” Below are my remarks for this wonderful celebration.

Remarks of Robin Frazer Clark

Realizing the Dream: Equality for All!

All I Really Know About Professionalism I Learned in Golf

April 16, 2013 | Robin Frazer Clark

You probably recall Robert Fulghum’s popular book, All I Really Need to Know I Learned in Kindergarten, which was first published in 1988. Its premise was that the world would be a better place if we simply adhered to the basic rules of kindergarten, such as sharing, being kind to one another, cleaning up after ourselves, etc.

If I had the opportunity to suggest a sequel specifically for lawyers, its title might be All I Really Need to Know about Professionalism I Learned on the Golf Course. As golf stands out from other sports as a “gentleman’s game,” the ideals of professionalism in the practice of law are aimed at ensuring our field remains a “high calling” and not “just a business like any other,” enlisted in the service not only of the clients, but of the public good as well.

The game of golf is governed jointly by the Royal and Ancient Golf Club (R&A) of St. Andrews, Scotland, and the United States Golf Association (USGA). But, as stated in the USGA’s “The Spirit of the Game” document, “Unlike many sports, golf is played, for the most part, without the supervision of a referee or umpire. The game relies on the integrity of the individual to show consideration for other players and to abide by the Rules. All players should conduct themselves in a disciplined manner, demonstrating courtesy and sportsmanship at all times, irrespective of how competitive they may be. This is the spirit of the game of golf.”

State Bar of Georgia Has Successful 2013 Legislative Session

April 5, 2013 | Robin Frazer Clark

Here is my last weekly update of the 2013 Georgia General Assembly Session for the State Bar of Georgia, which was extremely successful for the State Bar with the passage of the Juvenile Justice Reform bill and the passage of an amendment making legal malpractice claims nonassignable to third parties. I am very proud of the Bar’s Legislative efforts this year, our superb lobbying team, and our new grassroots program. Thank you, also, to all the legislators who gave of their time to represent the citizens of Georgia so selflessly. We appreciate your sacrifice.

Thursday, March 28, marked the last day of the 2013 legislative session, one of the most successful on record for the State Bar of Georgia. This session saw the passage of several major initiatives of the State Bar, highlighted by a comprehensive rewrite of the Juvenile Code.

The passage of Juvenile Justice Code was a major success for the State Bar and most importantly for Georgia’s justice system and for the citizens of our great state. This new approach, focusing away from the old system of youth detention, puts an increased focus on community based programs and counseling with the ultimate goal of returning these troubled youths to our neighborhoods as productive members of society. A major initiate of Gov. Nathan Deal’s Special Council on Criminal Justice Reform, passage of the Juvenile Code was truly a bipartisan effort from the outset and stands to help improve our state for years to come.

DeKalb Bar Association Honors Judge Clarence Seeliger

March 28, 2013 | Robin Frazer Clark

As President of the State Bar of Georgia, I recently had the distinct honor and high privilege of being the keynote speaker for the DeKalb Bar Association’s Annual Bench & Bar Dinner at the Emory Conference Center. This year the DeKalb Bar honored Judge Clarence Seeliger, a trailblazer in Civil Rights in DeKalb County, Georgia, with its Pioneer Award. The honor was well deserved. Below are my remarks from the wonderful event.

Remarks at DeKalb County Bar Association Bench & Bar Dinner

March 7, 2013

Georgia State Bar Honors Community Service

February 27, 2013 | Robin Frazer Clark

REMARKS OF PRESIDENT ROBIN FRAZER CLARK

14TH ANNUAL JUSTICE ROBERT BENHAM COMMUNITY SERVICE AWARDS

STATE BAR OF GEORGIA

Reforming Georgia’s Juvenile Justice System

February 24, 2013 | Robin Frazer Clark

Here is my op/ed piece that is appearing tomorrow in the Savannah Morning News and the Columbus Ledger Enquirer.

Clark: Reforming Georgia’s juvenile justice system: It’s time

Posted: February 24, 2013 – 12:27am

State Bar of Georgia Honors Judge Carla Wong McMillian

February 22, 2013 | Robin Frazer Clark

Last night I had the great honor and distinct privilege, as President of the State Bar of Georgia, to recognize Judge Carla Wong McMillian, recently appointed by Governor Nathan Deal, as the first Asian Pacific American state appellate judge in the Southeast. This was an historic appointment by Governor Deal and the State Bar of Georgia salutes him, as well, in breaking this barrier for Asian Pacific Americans. I was proud to stand with the Honorable Al Wong, Judge, State Court of DeKalb County and the very first Asian Pacific American state court judge in Georgia, to recognize this nod to the need for vigilance and diversity.

Judge Wong McMillian’s colleagues from the Georgia Court of Appeals joined us, as did many members of the Georgia Asian Pacific American Bar Association (GAPABA) who co-sponsored the reception. Thank you also to Thomas Worthy, Governor Deal’s Deputy Executive Counsel, for joining us. My remarks from the evening are copied below. It was a wonderful night to celebrate diversity and take pride in the extraordinary appellate bench we have in Georgia. As I said last night, “each time a barrier is removed in the leadership of our courts, a door opens to a new generation of potential judges, which might include the next Thurgood Marshall, the next Sandra Day O’Connor, the next Robert Benham, the next Leah Ward Sears or the next Carla Wong McMillian. And that is something to be celebrated.”

Robin Frazer Clark

Georgia Needs Juvenile Justice Reform

February 14, 2013 | Robin Frazer Clark

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Yesterday, as President of the State Bar of Georgia, I testified in front of the House Judiciary Committee in support of HB 242 which is a comprehensive Juvenile Justice Reform Act. It includes both Juvenile Criminal Justice reform and a rewrite of the Juvenile Code, which is Title 15 of the Official Code of Georgia. Below are my remarks to the House Judiciary Committee:

REMARKS OF ROBIN FRAZER CLARK TO THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES OF THE GEORGIA GENERAL ASSEMBLY

I am Robin Frazer Clark and am the President of the State Bar of Georgia, which is made up of nearly 44,000 lawyers, including judges, prosecutors, public defenders, private pratitioners and even Legislators. On behalf of the State Bar of Georgia, let me first thank you as members of the Georgia General Assembly for your dedication to the citizens of Georgia and your personal sacrifice I know each of you make to be here and make a difference. We appreciate you.