Georgia Personal Injury Blog

Georgia “Death Trap” Intersection Finally Has Traffic Signal

By Grant Law Office on May 20, 2011

The traffic signal project for the intersection of Georgia Highway 212 and Oak Hill Road has finally been completed as of this month. However, according to CovNewsj, the traffic light is not expected to be fully operational until the morning of May 24. Work on the project began in February of this year.

In October of 2010, the Newton County Board of commissioners approved a $106,548 bid from Moye Electric of Dublin to take on the project. The installation of a traffic signal at the intersection of GA Highway 212 and Oak Hill Road is expected to decrease the alarming number of fatal Georgia auto accidents at that intersection. It is a high traffic thoroughfare and the amount of traffic has only increased since the addition of a public library and a park in the area. There have been several fatal accidents at the site, prompting the former District 2 Commissioner to call it a “death trap.”Read more…

Basics of Georgia Wrongful Death Laws

By Grant Law Office on May 18, 2011

Wrongful death is a legal claim against a person who, through their negligent or wrongful actions, causes the death of another. A wrongful death victim is referred to as the “decedent.” Generally, a wrongful death claim can be filed if the decedent, had he or she not died, could have filed a compensable personal injury claim against an at-fault party. The circumstances which allow for a wrongful death claim include, but are not limited to:

• A fatal Georgia motor-vehicle injury accident caused by another’s recklessness or negligence;
• A fatal workplace injury accident caused by proven substandard or defective equipment, improper or absent safety measures or other negligence; and
• Death caused by medication errors, failure to diagnose or other forms of Georgia medical malpractice.Read more…

Safety Tips for Georgia Pedestrians and Drivers

By Grant Law Office on May 16, 2011

More and more people are using active means of transportation, such as walking and bicycling, to go to work, visit friends, or go to the grocery store. Walking and bicycling are very good forms of exercise and help promote a healthy lifestyle, but they can also be dangerous. Crossing the street is often a necessity when walking to a destination and is also when most Georgia pedestrian accidents occur.

According to the Georgia Governor’s Office of Highway Safety (GOHS), there were 2,371 pedestrian accidents in 2008. These included a total of 1,881 Georgia pedestrian injuries and 140 fatalities. In 2009, the number of pedestrian fatalities increased to 150. To help prevent an increase in pedestrian injury and fatality numbers in coming years, Georgia pedestrians and motorists should consistently follow the below safety guidelines:Read more…

When Can I File a Medical Malpractice Claim in Georgia?

By Grant Law Office on May 13, 2011

Before knowing when to file a medical malpractice claim in Georgia, it is important to know if you are entitled to do so. Georgia code (O.C.G.A. § 9-9-60) defines a “medical malpractice claim” as any claim for damages resulting from the injury to or death of any person caused by:

1. Health, dental, medical, or surgical service, diagnosis, treatment, prescription; or care by a lawfully authorized physician or other health care provider, or one acting under the supervision of a lawfully authorized physician or other health care provider, or
2. Care or service by any public or private hospital, clinic, hospital authority, clinic, facility, or institution, or its employee, acting within the scope of his employment.Read more…

Johns Creek Roundabout Planned to Relieve Traffic Congestion

By Grant Law Office on May 10, 2011

The city of Johns Creek and the Georgia Department of Transportation (GDOT) have planned construction of a modern roundabout at the intersection of Bell Road and Boles Road to begin in spring 2013. According to the Johns Creek Patch, traffic congestion has worsened in recent years, increasing motorist frustration over long wait times as well as increasing Georgia traffic accidents. An informational meeting about the project was met with support from many of its attendees.

The roundabout will be the first for the city but not for Georgia. GDOT has been encouraging the implementation of roundabouts in appropriate intersections as they have been shown to relieve congestion, improve safety, increase traffic capacity, decrease auto accidents, and improve aesthetics.Read more…

Common Causes of Georgia Large Truck Accidents: Negligent Truck Maintenance and Faulty Manufacturing

By Grant Law Office on May 5, 2011

Our previous post concerned large truck accidents caused by Georgia truck driver negligence; here, we will continue our topic of common Georgia large truck crash causes with: 1) Negligent Truck Maintenance; and 2) Faulty Manufacturing or Design.

Large trucks, especially long-haul trucks, can travel over 3,000 miles weekly. This can cause severe wear and tear on a commercial truck’s system and its parts. Brake failure, tire blowouts, and engine over-heating could potentially cause a severe Georgia large truck injury accident, which is why regular inspections and maintenance are necessary and required. If a trucking company or driver fails to perform timely inspections, maintenance, and repairs, the company and possibly the driver, can be held responsible in the event of an accident. Negligent truck maintenance potentially places hazardous vehicles on the road.Read more…

Common Causes of Georgia Large Truck Accidents: Truck Driver Negligence

By Grant Law Office on May 3, 2011

Large trucks, whether described as a semi-trailer truck, transfer truck, 18-wheeler, or big rig, are very intimidating when travelling along Georgia roads and highways due to their immense size and heft. Also as a result of these reasons, there is an increased risk of serious injury or death in the event of a Georgia large truck accident. This is the first of a 2-part blog series concerning the common causes of large truck crashes: 1) Driver Negligence; 2) Negligent Maintenance or Repair; and 3) Faulty Manufacturing or Design.

A trucker may cause a large truck crash as a result of fatigue and/or inattention, lack of experience or training, or distracted, or otherwise negligent, driving. Truck operators must follow strict federal regulations concerning the number of hours they drive. The life and schedule of a Georgia truck driver can be very demanding, and oftentimes truckers feel pressured to deliver ahead of schedule or even to deliver on schedule. This may cause a driver to tire by working more hours than is legally permitted per day or using illegal or over-the-counter drugs. An exhausted truck driver has much slower reaction times and may even fall asleep at the wheel. If a truck driver does not follow federally mandated work hour limits and causes an accident as a result of their fatigue, they, and possibly their employer, can be held liable for the losses of injured victims.Read more…

Proposed Stricter Laws for Cell Phone Use while Driving in Georgia

By Grant Law Office on April 28, 2011

Currently, Georgia law bans all cell phone use while driving, including texting, for school bus drivers and teenagers that are less than 18 years of age. Drivers that are over 18 are banned from texting while driving, but are not banned from using a handheld cell phone or other device to talk while driving. The increase in Georgia traffic accident injuries and fatalities involving distracted driving has prompted the proposal of new legislation.

If the proposed legislation becomes Georgia law, all handheld cell phones will be banned, allowing only hands-free use of cell phones for motorists 18 years or older. School bus drivers and teenagers, or novice drivers, less than 18 years old will still abide by the all cell phone use ban initiated in 2010.Read more…

Georgia Supreme Court Declares Medical Malpractice Caps Unconstitutional

By Grant Law Office on April 20, 2011

The last several years have seen many debates concerning medical malpractice caps for damages awarded to victims in malpractice lawsuits. Various states are currently debating the issue in their courts, but not Georgia. According to InsuranceJournal.com, the Georgia Supreme court recently determined that medical malpractice caps are unconstitutional, repealing the cap instated in 2005.

The original purpose of medical malpractice caps was to limit the ability of victims of medical malpractice to recover full compensation for their injuries. The cap was intended to deter legitimate claims from being brought and to increase the profitability of medical malpractice insurers. Such a cap was in effect in Georgia medical malpractice lawsuits since 2005. However, the Georgia Supreme Court determined the cap, which limited noneconomic damages in medical malpractice cases, was a violation of the constitutional right to trial by jury; and so the cap was lifted retroactively.Read more…

Georgia State Patrol Affirms that Sobriety Checkpoints Work

By Grant Law Office on April 13, 2011

In the aftermath of the U.S. Senate prohibition on cell phone applications that alert drivers of sobriety checkpoints, many state agencies are reflecting on the effectiveness of said checkpoints, according to Times-Georgian.com. Georgia law enforcement officers in Carroll County maintain that the checkpoints do work despite concerns of cost-effectiveness and cell phone app deterrents.

Georgia State Patrol officials say that the main goal of establishing a sobriety checkpoint is to catch people violating the DUI and open container laws, but also to send a message to other people who may drink and drive. Regardless of the number of drunk drivers caught at a checkpoint, even if is only two, dangerous drivers are removed from the road, possibly saving lives.Read more…