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We have all seen it too often in the Atlanta area – delivery drivers and other commercial vehicles driving too fast or recklessly for the traffic conditions in an attempt to get to where they need to be.  Recently, there have been a few cases in the news where a driver of a commercial vehicle was involved in a car accident while on the job.  In one case, a delivery driver of a very well-known sandwich company rear-ended another vehicle causing injuries to both people in the car that was hit.  In other cases, a tractor trailer driver crossed a median and caused a head-on collision resulting in catastrophic injuries.  And earlier this year, a limousine driver was driving too fast for the conditions causing the limo to swerve off the road and killing all eighteen of its passengers.

In all of these cases, the offending driver of the commercial vehicle was on the job when the accident occurred.  In such situations, the employer of the negligent driver can be held liable for their employee’s actions.  Under Georgia law, if an employee causes a car accident while driving a vehicle owned by his employer, it is presumed that the employee was acting in the scope of his employment.  In order to avoid being held liable for the accident, the employer must show that the employee was not acting in the scope of his employment at the time the accident occurred.  This doctrine is known as vicarious liability.

An employer can also be liable for their employee’s negligence under the theory of negligent entrustment.   In order to recover compensation against an employer for their employee’s negligence, you must be able to show that the employer had actual knowledge of the employee’s negligent behavior.  In other words, if the employer knew that their employee had a pattern of, or caused, other prior accidents, while on the job, the employer could be held liable if they did not take any action to prevent their employee from causing any further accidents.

After someone has been injured in an accident, or due to someone else’s negligence, most people are focused on seeking medical treatment, recovering, and getting their life back on track.  One of the last things on their minds it making sure that they file a lawsuit on time.  However, filing your injury claim on time is one of the most important steps you can take to protect your rights after an accident.

In a recent case in Pennsylvania, a court denied a woman’s lawsuit for personal injuries sustained when a sponge was left inside her following a surgery.  The judge in that case found that the woman waited too long, almost 11 years after her surgery, to file her lawsuit.  Therefore, her case against the defendant doctors was dismissed.

Each state has different deadlines by which a personal injury lawsuit must be filed.  The time period to file a lawsuit is referred to as the statute of limitations.

A wrongful death claim can help offset many of the financial damages caused by the death of a family member. In the state of Georgia, it is also important to file the claim timely before the deadline passes.  This is one of the main reasons you should consult with an attorney soon after the accident to protect all of your legal rights.

Wrongful death claims can help family members and survivors recover compensation for the loss of the decedent’s income, loss of future earning and other damages like loss of affection, loss of parental guidance, and loss of consortium, as in the case of the death of a spouse.

A wrongful death claim can arise when a death has occurred as the result of the negligence of another. Examples can be claims that are filed after deaths in car or motorcycle crashes, deaths in slip and fall accidents, or deaths that occur as a result of the use of a defective product.  The statute of limitations may differ depending on the circumstances of the incident that has occurred.

Aggressive driving is defined as driving that involves a combination of one or more traffic offenses that place other motorists at risk of an accident. If you have been involved in a motor vehicle accident involving an aggressive driver, it’s important to understand your legal rights and hire the best attorney.

An aggressive driver could be engaged in a number of different driving practices that threaten his own safety, and the safety of people around him. Aggressive drivers often don’t consider the human element, and have little regard for the safety of other motorists, cyclists and pedestrians. Simply stated, a motor vehicle in the hands of an aggressive driver turns into a dangerous weapon.

Typically, the following driving behaviors may be included in the definition of aggressive driving.

When it comes to car accidents, there’s a broad spectrum of damage and the emotions that accompany it. From the bitter annoyance of your car getting bumped in a parking lot to the absolute turmoil of a more serious, life threatening accident. Where ever an accident falls on the spectrum, there is one emotion that can follow any accident: dread. In the weeks following a very minor incident in a crowded parking garage, I felt this dread. My driving became hyper aware, nervous that a possible accident was around ever corner. While this rapt attention is certainly appropriate, the dread only subsided when I recognized how to react when an accident does occur. In this post today, we’ll discuss what to do when you’re in an accident.

Keep in mind, every accident is different. Some steps apply more to certain types of car accidents than others. Think of each step as being prefaced with “as necessary.”

1. Stay calm!

A new study is raising questions about whether delayed school timings could decrease the number of auto accidents in which teenagers are involved. The thought is that helping teenagers get enough sleep at night would allow them to drive more safely the next day thereby decreasing the likelihood of auto accidents.

The study conducted by researchers in Virginia, compared two towns, Chesapeake and Virginia Beach. In Virginia Beach, classes started at around 7:20 AM, and the number of auto accidents involving teen motorists there was 41% higher than the number of auto accidents in Chesapeake, where the classes started at around 8:40 AM.

This wasn’t the first study that indicated that lack of sleep may be another contributing factor increasing a teen motorist’s risk of an accident. Last year, a study published in the Journal of Clinical Sleep Medicine, found that there was a reduction in teen auto accident rates by approximately 16.5% when school times were delayed by an hour.

http://www.nytimes.com/2009/07/21/technology/21distracted.html?_r=1

Previously undisclosed documents that have now been made public, courtesy the Freedom of Information Act, show that federal auto safety agencies had access to thousands of pages of research that showed a clear risk of increased number of accidents because of cell phone use by motorists.In fact, the National Highway Traffic Safety Administration had that information back in 2003, but chose not to make it public.

The documents have been obtained by two consumer safety groups, Public Citizen and the Center for Auto Safety who filed a lawsuit under the Freedom of Information Act.The documents have been published by the New York Times.

A family from Bartow family escaped what could have been potentially serious burn injuries, after a van accident caused by a tire blowout.

According to news reports, David and Sarah Joe King were traveling in their van with their two daughters on their way to South Carolina when the back left tire blew out. Tire blowouts happen quite often, and David did what is recommended in such cases. He pulled the Dodge Caravan over the side to the I-75, but within seconds, the van burst into flames. That doesn’t usually happen after a tire blowout, but in this case, it appears that the exploded tire struck the gas tank, causing it to burst into flames. David, Sarah Jo and their daughter Michelle suffered burn injuries, and Michelle and Sarah Joe had to undergo surgery. All the injured are expected to recover, and know that they are lucky to escape what could have been a serious accident.

According to Sarah Jo, the tire that blew out, was the only one they didn’t change. Tire blowouts are responsible for thousands of injuries and accidents across the country and across Georgia.A tire blowout when you’re driving can be a terrifying experience. A blowout could occur when the vehicle runs over a nail or on a hot road, or when it’s traveling at excessive speeds. In fact, a motorist doesn’t even have to be doing these for a blowout to occur. A defective or outdated tire could result in an unexpected and dangerous blow out.

Earlier this month, we reported on an accident involving a car and a rental truck in Lowndes County on I-75. The accident, that occurred just before the Fourth of July weekend, left four people dead. Days later, several other details have emerged. Georgia State Patrol now believes that road rage could have been a possible factor in that crash.

The victims were four female passengers, including a mother, her two young daughters and her boyfriend, Jerome Roberts. Police are looking into whether road rage on the part of Roberts could have been a factor in the car accident. The tragic sequence of events unfolded when another motorist, Douglas Jones, called police to tell them that a driver in a gold 2003 Saturn Vue was driving recklessly and aggressively. A rental truck driver then struck both Jones’ car and the Saturn Vue. The passengers in the Saturn Vue were trapped, and both the rental truck and the Saturn caught fire. Witnesses at the scene pulled Roberts from his car, but he was declared dead at the scene. The three female passengers died in the car from serious burin injuries. Douglas Jones also suffered injuries. According to the police, they were still on the phone with him when the crash occurred.

The Georgia State Patrol has listed Jerome Roberts as the at-fault driver in its accident report.