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Articles Tagged with car wreck

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Lately, I am seeing more and more advertisements, on T.V., on Youtube, on Court TV, on Instagram, on Tik Tok, essentially on every Internet Platform you can think of, of lawyers who tout their legal acumen and ability to get an injured person a lot of money with very little effort. Some of these advertisements have fake clients in them who look perfectly normal, healthy and uninjured, claiming their attorney got them a check for $350,000.00 or some high dollar amount “just like that” with “one call.” Some of these advertisements brag about their lawyers being “trial lawyers” when they actually haven’t even tried very many cases, if any.  Some of these advertising lawyers claim to be “elite” (they actually use that word) and yet haven’t even tried 10 cases. Some of these advertisements actually mislead the injured consumer with false statements about what the law and ethical rules allow.  Some of these advertisements brag that their lawyers have secured more money in verdicts than any other firm in the “universe” or the “metaverse,” and yet aren’t even licensed to practice law in the State of Georgia.   Some of these advertising lawyers brag about obtaining a verdict but upon closer inspection, it was a bench trial, decided by a judge, with no opposition. Things that make you go hmmm…. As a Georgia trial lawyer with over 34 years of experience, I am really just plain sick of it.

I want to help the person who has been injured as a result of someone else’s or some entity’s negligence who is looking for a bona fide Georgia Trial Lawyer to represent them with their case, all the way through trial and appeal if necessary.  These are things you should know when hiring a trial lawyer.

  1.  Is the attorney actually licensed to practice law in the State of Georgia? Any member of the public can find this out very easily, thanks to the State Bar of Georgia. Simply go to the State Bar’s website, gabar.org, and on the right side you will see a “Member Directory” where you can search for the person’s name. It will tell you if that person is a member of the State Bar of Georgia, where the person went to law school, and when the person first started practicing law in Georgia. This member search on gabar.org will also tell you whether the lawyer has been subject to any public discipline.  This tells the consumer how much experience the lawyer has with the law of Georgia.  Do you really want to entrust your case to someone who has been a lawyer for only two years? If you are looking at a  law firm’s website, you should search every member of the firm here. If only one out of the entire firm is actually licensed to practice law in Georgia, that should tell you how little experience that one Georgia lawyer, in all likelihood, actually has in Georgia law and especially Georgia trial law.  Stay away.

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Have you seen the new commercial made by GMC for its new Sierra and Yukon Danali pick-up trucks that features hands free driving? It shows a person sitting in the driver’s seat of the truck (I hesitate to call this person a “driver” because he is really not driving at all) with no hands (and not even a knee) on the steering wheel while the pick-up truck appears to be moving at a high rate of speed. Then the person sitting in the driver’s seat begins to clap to the beat of Queen’s famous rock song “We Will Rock You.” And all the passengers in the vehicle start clapping in unison with the beat and with the person sitting in the driver’s seat of the speeding truck while he never touches the steering wheel with his hands. It is scary to watch on TV. It is even scarier to think that someone next to you or behind you on the highway is doing this in a vehicle while you attempt to drive as carefully as possible to arrive at your destination safely. Welcome to the world of hands free driving!

I ask whether you are willing to take the risk of hands free driving because using this “autopilot” feature on some new cars and trucks may result in some horrible consequences, including criminal charges for vehicular homicide.  This is what happened in Los Angeles recently when a person using a Tesla’s autopilot feature (notice I didn’t call him a “driver”) was charged with vehicular manslaughter with gross negligence for the deaths of two people who were killed when the auto-driven Tesla slammed into their Honda Civic, killing them both.  The National Highway Traffic Safety Administration (NHTSA) confirmed the auto-pilot feature was on at the time of the collision. The charges against the defendant appear to mark the first time a driver in the United States was prosecuted for a felony while using semi-automated driving technology. The families of the two decedents have filed wrongful death suits, but it is unclear whether Tesla was included as a defendant for products liability.

Michael Brooks, the chief operating officer at the Center for Auto Safety, a nonprofit advocacy group that focuses on the U.S. automotive industry, said he hopes Tesla drivers and owners see this case and understand that Autopilot has limitations. “It will not drive them from any point A to any point B always safely, and they need to be responsible for the actions of the vehicle,” Brooks said.

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In Washington last month, Governor Jay Inslee took a step towards improving the safety of his streets by signing a law prohibiting the holding of any electronic device (cell phones, tablets, etc) while driving or waiting at a stop light. The law will go in effect in July due to the Governor’s veto of a section that would have postponed the law’s implementation until 2019. The matter is just too important to wait.

As technology’s prevalence in our everyday lives increases, its capability of distraction from our other daily activities increases as well. This includes our activity within our car. The human’s false sense of ability to multitask often leads to problems behind the wheel. The driver only looks away for one second or only needs to pick up that napkin or only needs to change the radio station or only needs to send that last text. But those single and quick moments that the driver’s attention is diverted are the single and quick moments that can take the driver’s or someone else’s life.

The problem doesn’t only occur with drivers looking away. A driver can be very much so distracted while his or her eyes are fixed on the road. There are many different types of distractions: internal (items inside the car), external (objects outside the car), visual (eyes taken off the road), manual (hands taken off the wheel), and cognitive (distracting thoughts). It just so happens that the use of the cell phone is a combination distraction; it combines the dangerous aspects of the various types of distractions into one grand distraction. In the entire time that you go through the process of picking the phone up, looking down at it to find the contact you want to call, thinking about if the other person can answer your call, and physically dialing the call, your focus has been taken off driving long enough to have an accident.

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It’s only a matter of time before you or a loved one is injured by one of these nuisances that are so prevalent on Atlanta city and county streets these days.  Or it’s just a matter of time before you damage your car from driving over one of them.  The ubiquitous metal plate. Who thought these were a good idea in the first place?  The metal plates in the photographs above are currently on my street, Oakdale Road in unincorporated DeKalb County. These two metal plates have been there for months.  And notice there is really nothing hold them in place other than the mere weight of the things and gravity.  But a truck that ways 60,000 pounds loaded, or an SUV that weighs 10,000 pounds or even a small car that weighs 6,000 pounds going 35 m.p.h. can easily move these plates when they are not pinned down.  Once moved, they become a potentially fatal hazard to the motoring public. Imagine coming upon this monster (see photograph below) as you mind your own business driving down the road. Once your car ran over it, you and your car wouldn’t stand a chance.  The weight of your car would cause the metal plate to flip and your car would fall into the sinkhole below. It is doubtful you could escape without serious bodily injury.  The photographs below show several metal plates that are clearly not pinned down or held down in any way whatsoever.  Car and truck traffic have obviously shifted them, so that the next unknowing driver, potentially YOU, could be swallowed by the hole they are supposed to be covering.  I am confident this is not an isolated situation;  my guess is that you have seen the frightening scenario below multiple times.

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There are actually requirements for the way these metal road plates are required to be placed on the roadway.  For example, steel plates must be fixed in place to avoid movement.  In addition to being firmly in contact with the pavement, they should be either pinned, recessed into the pavement, or secured with asphalt wedges around the perimeter. Pinning into the pavement involves driving pins into the pavements along the edges of the steel plates to prevent movement. Recessing involves cutting out the area where the steel plate will be placed.  If these are the mandatory requirements for use of these monsters, why are they so seldom pinned down or recessed?  As a member of the motoring public, you are entitled to assume these plates have been put down and affixed to the street properly so that they are safe for you to drive over. The law does not require you to drive around them in an effort to avoid them.

Remember the “Pothole Posse” formed by then City of Atlanta Mayor Shirley Franklin?  It seemed to make progress for awhile, but after the initial excitement about bringing back safe streets, we are right back where we were with our streets littered and cluttered with these metal plates. Recently, in New York, such metal road plates may have played a role in a fatal crash that killed six people.

iphone   This week in Georgia a Georgia State trial court ruled in favor of the social media application Snapchat in a personal injury case and granted Snapchat judgment as a matter of law based on immunity.  The case is Maynard v. Snapchat and is pending in the Spalding County State Court. The plaintiff, who suffered severe brain damage in a wreck when he was hit by a teen who was using Snapchat at the time of the wreck is ably represented by several of my friends, including Mike Terry and Michael Neff, both wonderful lawyers. The suit asserted that Snapchat’s speed filter—a feature which allows a user to photograph how fast a user is going—”motivated” McGee to “drive at an excessive speed to obtain recognition and to share her experiences through Snapchat.”  Apparently, young drivers who use Snapchat are now often driving recklessly fast so they can snap a photo of the speed of the car they are driving to share it with all of their Snapchat followers, and then I guess the reckless driver gets to brag to all of her friends, “Hey! Look at me!!  Me! Me! Me!  Look how fast I am driving!!  Whoopeeee!”  But the Snapchat app encourages the driver to break the law, drive way too fast, illegally fast, and then requires an action by the speeding driver to capture the not-to-be-missed moment.  Those few seconds of distraction force the young driver to take her eyes off the road and they often lose control of their car or fail to stay in their lane, resulting in a horrible car wreck and causing untold devastation to an innocent person minding his own business driving on the road that night.  In the Spalding County case the evidence showed the teen driver reached speeds of 113 m.p.h. AWFUL!

The defense attorneys argued successfully that Snapchat was entitled to complete immunity under the Communications Decency Act, passed in 1996, and whose Section 230 states, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”  This provision seems to grant immunity for written communications published on the social media application, not for creating an app that encourages someone to break the law in the first place.  Simply reading the literal words of the immunity provision, they would seem to be inapplicable to the facts of this case.  But I’m not a judge and the only opinion that counts is the trial judge’s and he disagreed with me.  Plaintiff’s counsel, I would assume, are considering an appeal.

This case shows a horrifying trend with the Snapchat “speed filter.”  In November of last year in Tampa, Florida, a teen driver who reached speeds of 115 m.p.h. lost control of her car, crossed a median and hit a minivan carrying a family. The wreck killed five people. Snapchat says it actively discourages “their community” to use the speed filter while driving.  If that is true, what is the point of it?  Can Snapchat claim, with a straight face, argue that the speed filter is not designed to be used while driving when it’s entire purpose is to measure a vehicle’s speed?  There is also currently pending in Texas another lawsuit against Apple with essentially the same facts and allegations as the Maynard case here in Georgia but involving Apple’s application Facetime. In that case, a   “driver rear-ended the Modisettes with his Toyota 4Runner at 65 miles per hour — killing five-year-old Moriah Modisette. The driver, Garret Wilhem, told police he was on FaceTime at the time of the crash, and officers found his phone in the car with FaceTime still engaged.”

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I constantly hear, even from jurors, that we are a “litigious society,”  that everyone sues over everything these days. Assuming this is true, who is to blame?  Critics immediately place the blame at the feet of the injured plaintiffs who must bring the lawsuit for compensation for the injuries they have suffered that were caused by someone’s carelessness. If those darn hurt people who can’t work any longer because of their injuries would just not file a lawsuit we wouldn’t be a litigious society!!  The nerve of these people!  Getting injured through no fault of their own and then expecting compensation for the medical bills, lost wages, pain, inconvenience, inability to work, permanent scarring, loss of their normal quality of life, etc., from the person who caused it all.  The gall! Can you believe these people?

Yes.  Yes, I can. I believe these people because these are the people I represent every single day. These are the people who began their day with their normal routine like every other person but who, unfortunately, came into the path of someone who was careless, someone who wasn’t paying attention to the road, someone who was texting while driving, someone who was reckless and causes an upheaval in the life of someone else due to their negligence and carelessness.

But don’t blame these injured folks. Blame the insurance companies of the careless individuals, because it is the car insurance companies who take the stance “so sue me” and invite litigation that easily could have been avoided had they simply been reasonable in negotiating an insurance claim for personal injury.

statefarm         Do you believe that “Like a good neighbor, State Farm is there?”  I have previously presented plenty of evidence that the answer to that question of whether State Farm is like a good neighbor  is  a resounding “no.”  If you recall, in my case Eells v. State Farm, State Farm did everything it could possibly do within the bounds of the law (but outside the bounds of moral and ethical decency) to prevent its own policyholder from collecting on an uninsured motorist claim after the policyholder had paid premiums to State Farm for over 40 years. I blogged about that case, which went all the way to the Georgia Court of Appeals, where we prevailed, before it was resolved.  The bottom line is that State Farm will do nearly anything to avoid paying legitimate personal injury claims, including forcing its insureds to endure a trial and potential personal exposure, rather than settle a clear liability suit prior to trial.

My son, a great lover of the sport of basketball, likes to say “The ball don’t lie.”  Well, the two cases I am going to tell you about involving State Farm clearly share the theme of “the ball don’t lie,” meaning the truth ultimately comes out. Two recent trials in Georgia have placed the litigious policies of State Farm in the spotlight.  The first trial was tried last month by James Robson and Robert Glass in Cobb County. The jury returned a verdict in favor of the plaintiff for $850,000.00 after just two and a half hours of deliberation.  The at-fault driver, insured by State Farm, had only $100,000.00 in liability coverage. The plaintiff’s attorneys demanded the $100,000.00 to settle the case prior to trial, even though the plaintiff’s medical bills from her injuries were nearly $170,000.00.  This means any verdict for the plaintiff would be very likely to be in excess of $170,000.00.  State Farm had the opportunity (and the contractual duty) to resolve the case prior to trial for the demanded policy limits of $100,000.00.  The plaintiff’s attorneys gave State Farm and extension of time to decide to pay the policy limits and even had the plaintiff’s treating physician speak by telephone to the State Farm adjuster confirming for her the plaintiff required neck surgery from the car wreck.  But did State Farm do the right thing?  No. State offered only $22,500.00 to settle the case, even after admitting their insured was at fault in causing the wreck.  The jury returned what is known as an “excess verdict,”  i.e., over the policy limits, and because State Farm had the clear chance to resolve the case for policy limits, will be on the hook to pay the entire verdict.   You have often heard of “frivolous lawsuits” in the media but you seldom hear of “frivolous defenses.” This case was certainly one of them.

Another was in a case tried last week in Bartow County by my good friends and fellow trial lawyers Morgan Akin and Lester Tate of Akin & Tate in Cartersville.  In that case, the plaintiff  pulled into a roadway after stopping at a stop sign and was struck directly in the rear by a teenage driver. The investigating Georgia State Trooper measured 229 feet of skid marks left by the teenage driver as he tried to stop before rear-ending the plaintiff’s vehicle.  The State Trooper found teen driver at fault. Mom of teen driver then went to State Trooper’s supervisor with photos maintaining the plaintiff just pulled out in front of him. Ultimately, the State Trooper relented and amended the accident report changing fault to that of the Plaintiff. The Plaintiff had shoulder surgery and $90,000.00 in medical bills.  State Farm took up the mom’s torch, denied all liability and hired an expert who simply ignored the skid marks.  The plaintiff’s expert accident reconstructionist, Herman Hill, testified that not only did the teenage driver hit the plaintiff in the rear but was going 75 MPH+ at the time of the collision based on the amount of skid marks left by her car’s tires during braking. State Farm doubled down by asserting a counter claim. The Plaintiff made a settlement demand of  100K policy limits initially and then after extensive litigation made a settlement demand of $275,000.00 prior to trial. State Farm never made an offer.  The jury returned a verdict of $300,000.00.  And because State Farm had the opportunity to resolve this case within the policy limits of $100,000.00 but declined to do so, State Farm will be on the hook for the entire verdict.  Can you imagine being rear-ended by a teenage driver going 75 m.p.h. and then the teenage driver tries to blame you for it?

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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 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. 

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I have handled hundreds and hundreds of car wreck cases in Georgia.  Very often I hear this common theme from prospective clients:  “I Could Have Been Killed!”  And it is often very true…they could have been killed, but thankfully, they weren’t.  So do you have a case when you could have been killed but you weren’t?  Or better put, do you have a case when you could have been killed but you weren’t physically harmed at all?

I thought of this because this morning while perusing the headlines I came upon this story about a JetBlue plane that experienced a blown engine and made an emergency landing.  Smoke filled the cabin, oxygen masks magically came down, and flight attendants yelled “Brace!  Brace!  Brace!” as they landed, which fortunately, they did so safely without injury.  Watch the video and you will see that many people on board thought they were about to die.  And, in fact, they had a long time to think that as the plane, which was over water, had to turn around and go back to California to land. They all could have been killed, but they weren’t.

Therein lies the conundrum.

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