Articles Posted in Wrongful Death

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A newlywed woman has been confirmed dead in a commercial truck accident on Interstate 285 in Atlanta earlier this week.According to police, the accident occurred when a tractor-trailer was trying to change lanes on the highway.The truck crashed into a Nissan vehicle, and the impact sent the car into a guardrail, and into another tractor-trailer.Truck accidents are often the most deadly type of accidents on the roadways today. They also cause permanent and disabling injuries. As an Atlanta injury lawyer, this is the reason I have regularly opposed increasing the size of trucks.

The Nissan rolled over on its side, killing the female driver.Her husband, who was a passenger in the vehicle suffered injuries, and was taken to the hospital.

The driver of the tractor-trailer has been charged with vehicular homicide in the second degree and making an improper lane change.Accordingly, a wrongful death action will likely arise due to the accident. Sadly, according to news reports, the couple was newly married.

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As Atlanta car accident lawyers, we often notice that wrong way driving accidents are some of the deadliest collisions.These accidents typically involve one car traveling at highway speeds in the direction of other vehicles that are also traveling at the same level of speed.Such accidents are typically high-impact accidents that end with multiple deaths or serious injuries.An accident over the weekend in Gwinnett County, Georgiathat killed one person and left two others with critical injuries, is being blamed on a wrong way driver.

The accident occurred on Saturday night, and involved a total of three vehicles.According to Gwinnett County police, a car traveling the wrong way veered across the median and crashed head-on into another vehicle.The car then flipped over, and crashed into a third vehicle.A woman was killed in the accident.Two other people, including the wrong way driver, suffered critical injuries.Police are investigating the accident, but no charges have been filed yet.Police are considering the possibility that the wrong way driver may have been driving under the influence of alcohol.

Every year, approximately 300 people are killed in accidents caused by wrong way motorists.Many of these accidents are caused because motorists are driving under the influence of alcohol, and end up traveling in the opposite direction.Alcohol use is the most common cause of wrong way driving.It’s not so surprising to Atlanta car accident attorneys that alcohol use is so often cited in wrong way driving.Alcohol use clouds a person’s judgment, blurs his vision and affects his powers of reasoning.A person like this is also likely to miss highway street signs, ending with him driving in the opposite direction.

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Has all the focus on teen and elder drivers affected traffic safety for other groups of motorists?That’s the question that Atlanta car accident attorneys are asking this week after Edmunds.com released its analysis of car accident data.Even as the numbers of people dying in auto accidents across the country has been declining over the past decade, there has been an actual increase in the numbers of male car accident deaths in the 51 to 65 age group.

The data comes from the National Highway Traffic Safety Administration.According to the analysis, the number of male and female car accident deaths in other age groups has been steadily declining over the past few years.Even drunk driving accident deaths have declined over the past five years, helped by a lowered tolerance to intoxicated driving, and stronger enforcement.However according to the data, the number of adult males aged between 51 and 65 years killed in auto accidents, increased by almost 25% between 2000 and 2009.In comparison, car accident deaths for all male drivers during the same period of time declined by more than 20%.Even auto accident deaths for female drivers declined by about 20% during the study period.

According to the analysts, it’s not just the increase in male car accident deaths in this age group that is concerning, but also the fact that much of this increase is related to drunk driving accidents.In fact, when it comes to drunk driving accident deaths, there has been an increase in fatalities among both men and women in this age group.The number of annual DUI deaths among baby boomers increased by 37% between 2000 and 2009.During the same period of time, rates of drunk driving accident fatalities across the country dropped by almost 7%.

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The Atlanta car accident lawyers at our firm have been blogging regularly about the need for more trauma care centers in Georgia to treat auto accident victims and others.Rural areas in Georgia have a severe shortage of trauma care centers to treat individuals who have suffered serious personal injuries. This has resulted in a significant number of unnecessary deaths. Unfortunately, a recent vote to provide a limited tax to increase the number of trauma centers was defeated.

According to estimates, approximately 700 people in Georgia are killed every year because they lacked immediate access to emergency trauma care.Many of these people were injured in catastrophic accidents, and sustained serious injuries that could not be treated without the facilities available at a trauma center.The first hour after a person suffers serious injuries is the “golden hour,” and if the person receives emergency care during this time, his chances of surviving the accident or injuries increase substantially.Unfortunately, many people who are involved in auto accidents in Georgia cannot be taken to an emergency trauma care center in time because there is not one close enough to them.

According to estimates, there should be at least 30 trauma centers in Georgia for trauma care access for all.Currently, we need at least 12 more centers to ensure that all Georgia residents live within 50 miles of a trauma center.Georgia’s trauma care network leaves much to be desired, and the average trauma death rate in our state is much worse than the national average.To make matters worse, recent budget cuts have slashed approximately $10 million of funding for the existing trauma care centers in Georgia.

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The role of car safety seats in preventing injuries to children in an auto accident is one that no Atlanta injury lawyer would deny.According to the National Highway Traffic Safety Administration, between 1988 and 1994, the use of car seats led to a 73% drop in infant wrongful deaths and a 54% drop in car accident related injuries in children between the age of one and four.However, not all car safety seats may have been tested and approved to be safe for your child.

The Washington Post warns parents against assuming that the car seat that they’re using for their child will protect them from injuries in the event of an accident.The seats that the National Highway Traffic Safety Administration regulates are only tested for protection in a front impact collision.The seats are not regulated against side-impact, rear end or rollover accidents.This is in spite of the fact that the risk of injuries and fatalities is often much higher in a rollover accident or a side-impact accident than a front impact collision.

One of the reasons why the federal agency has failed to regulate the effectiveness of car seats in these kinds of accidents is the lack of proper-sized crash test dummies.That is also the reason why the agency has failed to regulate the safety of large-sized car seats that are used for toddlers above 65 pounds.There’s a growing class of overweight children who are too heavy for infant car seats, and too young for seat belts.Car seat manufacturers have been marketing larger-sized car seats for children of this size, but the NHTSA has failed to regulate the effectiveness of these seats.One of the reasons has been the failure to develop a crash test dummy of an appropriate size.

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There has been yet another construction worker death linked to a trench collapse accident in Georgia. These types of construction accidents often result in the wrongful death of the worker or serious injuries. Unfortunately, workers compensation benefits fail to truly compensate the family of the worker since the workers comp statute provides for such a limited payment for the death of the construction worker. One of the things that Georgia needs to revise is the death benefit provided under the workers compensation laws for a worker’s family. Of course, the family may or may not have an injury claim, but that will depend on whether any third party may be held liable for the workers’ wrongful death.

According to authorities in Forsyth County, the man from Covington, Newton County was working in a trench when the walls begin to collapse. Personnel from the Forsyth County Fire Department rushed to the scene, but by the time rescue crews arrived, the man had been completely buried under the soil.

The crews managed to clear the soil from his head and shoulders, but by then, the man has succumbed to his injuries. At the time of his death, it had been more than one hour since the collapse. The Occupational Safety and Health Administration has begun an investigation into the construction accident.

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The motorist, who was convicted of DUI (driving under the influence) and causing a wrong way driving auto accident that killed a woman on an Atlanta highway, will spend 10 years in prison. The motorist Theus Monroe was driving the wrong way on Interstate 85 in December 2009, when his vehicle crashed head-on into another vehicle. In that vehicle was Jazmine Zachary, who sustained fatal injuries in the crash. She was 25 years old at the time of her wrongful death.An investigation later revealed that Monroe was not only driving under the influence of alcohol, but was also high on drugs at the time of the car accident.

A Fulton County judge this week sentenced Monroe to a maximum sentence of 17 years in prison. However, Monroe will only serve 10 years, and have an additional year of drug rehabilitation. The sentence was a bit of a disappointment for the victim’s family who wanted that Monroe be ordered to serve the entire 17 years.

Atlanta car accident attorneys often see that intoxicated driving is the main factor in accidents caused by motorists driving the wrong way. These are typically fatal accidents, or high-impact auto accidents that end with serious injuries. Drivers, who are in the path of a motorist traveling the wrong way, don’t expect to see a driver headed in their direction, which takes them by surprise, leaving them with no time to avoid the wrong way driver. The potential for severe injuries and fatalities also increases because these are typically high-speed, full impact, head-on crashes. Wrong way driving accidents are also sometimes linked to drowsiness, when motorists miss a sign or signal because they are dozing off at the wheel.

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The driver of a Cobb CountyTransit bus, which was involved in a serious pedestrian accident last week that left a pedestrian with an amputated leg, has now been charged. Atlanta police have charged the driver, Jean Lewis with failure to yield to a pedestrian on a crosswalk and failure to exercise due care. Of course, pedestrian accidents are more often involve the most serious injuries.

Lewis was driving a Cobb County transit bus when it struck a 54-year-old pedestrian. The bus struck the woman as it was turning left at a light. According to witnesses, the woman apparently saw the bus pulling out of the Hamilton Holmes Marta Station, and tried to walk faster, but she was struck by the rear of the bus, and fell to the ground. She suffered a severe leg and a broken ankle. According to Cobb County Representatives, the driver will be removed from service, pending completion of the investigation.

This pedestrian accident comes as the National Highway Traffic Safety Administration reports on an increase in pedestrian wrongful deaths around the country. The increase is minimal, just .4%, but it comes after four continuous years of declining pedestrian accident deaths.

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The state of Georgia ranks at number 32 in a USA Today compilation of states based on auto accident death rate per 100,000 population. In 2009, 1,284 people died in car accidents in Georgia, and the state had a death rate per 100,000 population of 13.1. That is much above the national average of 11 per 100,000 population. Of course, a significant number of deaths generally occur in urban areas such as Atlanta, Georgia.

Georgia and other states like Alabama, Louisiana, Mississippi and Delaware with strong rural neighborhoods seem to have high death rates in car accidents. The reason for this, according to the USA Today report, could be the fact that many of the states with significant numbers of wrongful deaths due to car accidents have large rural communities.

Most of the traffic in rural communities plies on two-lane roads. These roads typically tend to be poorly designed, and lack the safety enhancements and engineering that make urban roads safer. It’s no coincidence that the states that have featured at the top of the list (ie: least deaths), like Washington DC and Massachusetts have more urban roads.

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There was a slight drop in the number of pedestrians deaths in auto accidents in Georgia in the first half of 2010. Last year, we had 77 pedestrian deaths in the first six months in auto accidents, compared to 78 pedestrian deaths in 2009. That is a very tiny decrease, but it is still better than the overall national picture, which actually shows an increase in pedestrian deaths in 2010.

Across the country, there was a .4% increase in pedestrian accident fatalities in the first six months of 2010. That increase came after several half-yearly estimates that showed a decline in pedestrian accident deaths over the past four years. The feds are at a loss to explain this increase. . An increase of .4% may not seem like much, but for any Atlanta pedestrian accident lawyer, any sudden spike like this should sound alarm bells.

One of the theories that are being thrown about for this increase in pedestrian accident fatalities, is simply more numbers of people taking to the streets. First Lady Michelle Obama has a nationwide anti-obesity campaign in full swing, and part of that includes Americans getting out of their cars and walking to work. Besides, the National Highway Traffic Safety Administration is pointing to an increasing number of pedestrians plugged to their music systems, smart phones and other gadgets while walking. A distracted pedestrian is at a much higher risk of being injured in an accident.

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