Wrong way collisions kill and are a problem on busy highways in Georgia. Statistics are hard to identify. In Washington, for example, on average, 350 people each year are killed when a driver is going the wrong way (based on data collected in 2002). http://tiny.cc/e7otjw According to an archived publication of the U.S. Department of Transportation, driving the wrong way on an interstate or highway has …
Distracted driver- an increasing problem
More than 25% of adult cell phone owners felt their cell phone had at some point compromised their ability to drive. This information was obtained from a survey conducted by the Pew Research Center. According to Pew, by 2009, cell phone users who used text messaging doubled to 65%. These results are similar for teenage drivers. According to Pew, one in four American teens …
Car Accident Trials and Authentic Self
My first jury trial close to twenty years ago focused on a car accident here in Georgia. My client was hit and injured in the collision. The at fault driver (referred to as “Defendant”) had a clever defense. The insurance defense attorney refused to settle for a fair sum. I tried the case to a jury. It should have been resounding failure. I …
Distracted driver- risk of being killed
The higher risk of being killed in a car accident or a truck accident might be worth looking at changing the way we drive. According to the National Highway Traffic and Safety Administration (NHTSA), distracted drivers (“dangerous drivers”) caused 3092 deaths in 2010. The NHTSA reports that sending or receiving a text takes a driver’s eyes from the road for …
Diminished Value
Diminuation of Value represents the lost value of a vehicle after it has been repaired. The law says that once your car is fixed you can still recover the loss in value that represents its “diminished value.” This issue usually arises when one’s car has been damaged in an accident and is repaired. Eventhough the car is fixed, it remains a …
Philosophy from the clouds
The Huffingtonpost is reporting this morning that a California Jury rendered a 1.05 Billion dollar patent infringement verdict against Samsung. http://tiny.cc/u3iljw According to the article, Apple filed a patent infringement lawsuit against Samsung in April 2011. Apple alleged that Samsung stole technology used in its iPad and iPhone products. A jury trial culminated in a verdict against Samsung. Over 100 years ago, Judge …
Teen drivers and initiative
In 1958, a TWA Super Constellation and a United DC-7 departed from Los Angeles three minutes apart headed east. While over the Grand Canyon the two aircraft maneuvered separately to give their passengers a better view of the canyon. The planes collided killing all 128 people aboard both planes. In response to the crash, the government invested 250 million dollars to upgrade the …
Lawyer tools- Georgia’s law helps injured from tractor trailers
A lawyer seeking to help someone injured by a truck or tractor trailer has some tools to aid settlement or recovery from the trucking company or insurance company. Under Georgia’s “Direct Action” statute, a lawyer can join or add the insurance company to a lawsuit against a trucking company (otherwise referred to as a “motor carrier”). In a typical car accident, a lawyer …
Trucking companies avoid safety
Safety Cannot be Delegated Personal Injury Lawyers in Tractor Trailer Accident Cases often seek documents that motor carriers are required to maintain by the Federal Motor Carrier Safety Administration. Many times, Tractor Trailer Companies delegate the hiring and supervision of drivers to third-party staffing companies. When litigation commences, motor carriers often attempt to avoid responsibility by claiming they delegated safety compliance …
Trucking Companies and Trade Secrets
Safety and Training Documents are not Trade Secrets Trucking Accident Lawyers in tractor trailer cases often seek safety budgets, safety documents, training budgets and policy and procedure materials from the defendant trucking company. Tractor Trailer companies often assert that such documents are protected from disclosure as “trade secrets.” The first question is whether any of this material is a “trade secret” in …