Blog Category Archives — Georgia Injury Lawyers Blog Published by Georgia Injury Attorneys

Court Upholds $41.7 Million Verdict for Student Disabled by Tick Bite on School Trip

September 27, 2017 | by Slappey & Sadd, LLC

The Connecticut Supreme Court has ruled that a student who was permanently disabled by a tick bite while on a school trip to China is entitled to $41.7 million in damages. The court stood by the proposition that schools are obligated to warn students and parents about risk exposures for field trips. It also addressed concerns brought about by its decision that the case would lead to a chilling effect on study abroad programs or an increase in similar litigation.

In June and July of 2007, Cara L. Munn, a student at the Hotchkiss School, joined other Hotchkiss students and faculty on a trip to China. In July, she contracted tick-borne encephalitis after being bitten by an infected tick during a hike. As a result, she suffered permanent brain damage. Prior to the trip, school officials gave students information about the trip, including a list of places they would visit and an itinerary, but the list did not indicate that students would be visiting a forested area.Students and parents also received written medical advice for the trip in an email, including a hyperlink to a United States Centers for Disease Control and Prevention (CDC) website that incorrectly sent users to a page addressing Central America rather than China. The same document, as well as a pre-departure manual produced by Thompson’s office, indicated Hotchkiss’ infirmary could serve as a travel clinic, although the infirmary was not qualified to provide travel-related medical advice.No one on behalf of Hotchkiss warned students or their parents about the presence of tick-borne encephalitis or the need to protect against it.

Munn subsequently brought a negligence action in federal court to recover damages she sustain after contracting the illness, which initially caused her to become partially paralyzed and semi-comatose before her condition improved. As a result of her illness, however, Munn can not speak, has limited dexterity in her hands, and limited control over her facial muscles. She claimed that the school was negligent in failing to warn students and their parents of the risk of exposure to tick-borne encephalitis and failing to ensure that students took proper preventative measures.

Should I Use an Auto Insurance Tracking Device?

May 31, 2017 | by Slappey & Sadd, LLC

If you’ve ever applied for a new auto insurance policy, you’ve probably been given the option to install a device in your car that tracks your driving habits. These devices are known as “telematics” and almost all major insurance companies now offer them to their customers in exchange for potentially reduced premium rates. The devices attach to the vehicle’s OBD-II port and collect data from your car’s computer. Insurance companies can program them to monitor different metrics, but some of the most common are:

Time the car was used
Distance driven

Should I Use an Auto Insurance Tracking Device?

May 15, 2017 | by Slappey & Sadd, LLC

If you’ve ever applied for a new auto insurance policy, you’ve probably been given the option to install a device in your car that tracks your driving habits. These devices are known as “telematics” and almost all major insurance companies now offer them to their customers in exchange for potentially reduced premium rates. The devices attach to the vehicle’s OBD-II port and collect data from your car’s computer. Insurance companies can program them to monitor different metrics, but some of the most common are:

Time the car was used
Distance driven

Do Pedestrians Always Have the Right of Way?

May 11, 2017 | by Slappey & Sadd, LLC

You’ve probably heard the very old, very common saying: “Pedestrians have the right of way.” While it’s a good idea to always give pedestrians a little more leeway than you would ordinarily give to vehicles, it is not true that pedestrians always have the right of way. Laws regarding pedestrian right of way vary by state, but below, we will take a look at how the law works in Georgia.

When Pedestrians Have the Right of Way

Crosswalks: Pedestrians have the right of way in crosswalks. In Georgia, drivers are required to come to a full stop (not just yield) when a pedestrian is within a crosswalk that is on the half of the roadway upon which the car is driving, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or turning onto. “Half of the roadway” in this case means all traffic lanes carrying traffic in one direction of travel. So if you are driving on a road that has five lanes (two going in each direction with a turn lane between them), and a pedestrian enters from the far side of the road walking across your path, you must stop as soon as they enter the turn lane–this is the lane that is within one lane of the half of the roadway on which you are driving.

When to Hire a Lawyer After a Car Accident

May 5, 2017 | by Slappey & Sadd, LLC

No one is ever truly prepared for a car accident—you’re simply driving along, maybe listening to your favorite song, and out of nowhere your life changes in an instant. Although every accident is different, there are some important steps you need to take after you’ve been involved in one to make sure that the police and insurance companies have all of the information they need to make a determination of fault and compensate the victims. If an accident is particularly serious, you may even need to hire an attorney.

Let’s take a look at the steps you need to take immediately after an accident and when you might want to consider hiring an attorney.

What to Do After a Car Accident

What is a Georgia Dram Shop Claim?

May 1, 2017 | by Slappey & Sadd, LLC

A “dram shop” is the legal term for a bar or any other establishment that sells alcohol to members of the public. As a matter of public policy, many states impose strict liability on establishments that serve alcohol to individuals who cause injuries or death as a result of their intoxication. These laws vary from state to state—some apply to all intoxicated persons, while others apply only to minors. Some limit liability to cases involving intentional conduct on the part of the bartender, while others require only negligent conduct.

Below, we’ll take a look at Georgia’s dram shop law and what you need to prove to establish a claim under it.

Georgia’s Dram Shop Law

Rear-End Accidents: Is the Driver in the Following Vehicle Always at Fault?

April 21, 2017 | by Slappey & Sadd, LLC

Usually, but not always.

Rear-end crashes are the most common type of vehicle accident in the United States, accounting for about 1.7 million crashes each year. Of those crashes, about 1,700 are killed and an additional 500,000 are injured. If you have been driving for any length of time, you are probably under the impression that the driver of the following vehicle (the one that crashes into the back of the lead vehicle) is always at fault for rear-end accidents. While it is true that the drivers of rear vehicles in rear-end crashes are usually mostly at fault, there are several situations that can reduce or entirely eliminate the rear driver’s liability.

Why Following Drivers are Almost Always at Fault

What are Pain and Suffering Damages and How are They Calculated?

April 20, 2017 | by Slappey & Sadd, LLC

Damages in a personal injury lawsuit are designed to compensate the plaintiff for the injuries he has suffered and to put him the same position he was in before the accident occurred. Some types of damages are objective and easily calculated, such as medical expenses and lost wages. But pure economic damages are often not enough to make the plaintiff whole again. After all, he has just undergone a traumatic ordeal and suffered injuries that are not as easily quantifiable as medical bills and lost wages. This is where non-economic damages come into play. Non-economic damages are the abstract damages a plaintiff suffers during and after an accident, such as pain and suffering, loss of consortium, and loss of enjoyment of life.

These types of damages are a little trickier to calculate.

Measuring Pain and Suffering

Car Accidents Can Cause Brain Injuries

April 19, 2017 | by Slappey & Sadd, LLC

Car accidents can lead to a number of injuries, including bruises, broken bones, and whiplash. One of the more severe injuries that are common in car crashes are brain injuries. According to the Centers for Disease Control and Prevention, 14.3% of all traumatic brain injuries are caused by car crashes, affecting roughly 2 million Americans per year. These types of injuries are so severe because the brain is the most important organ in the body, and even minor injuries to it can have long-ranging and life-altering effects.

Causes and Effects of Traumatic Brain Injuries

Traumatic brain injuries are caused by violent blows to the head, either from being struck with an object or from the head coming into contact with a hard surface. There are two types of traumatic brain injuries: open and closed. An open traumatic brain injury occurs when a foreign object pierces the skull and enters the brain. A closed traumatic brain injury is caused by a bump or a blow to the head. Because closed head injuries are much more common than open head injuries in car crashes, that is the type that we will focus on here.

Most Common Types of Truck Accidents

April 12, 2017 | by Slappey & Sadd, LLC

Automobile accidents of any kind can have devastating consequences, but trucking accidents are particularly dangerous due to the larger size of the vehicle involved. Truck accidents are more common in large metropolitan areas like Atlanta simply due to the presence of more of them on the roadways and more traffic bogging them down. While truck drivers are trained professionals who are generally safer drivers than regular motorists, accidents can and do happen.

Driver negligence plays a large role in trucking accidents, but they can also be caused by a variety of of other circumstances, including weather, road hazards, or the poor driving of others on the road. As with almost all types of automobile accidents, the most popular legal theory underlying liability in a trucking accident is negligence. A plaintiff in a trucking accident suit must show:

That the defendant truck driver owed the plaintiff a duty of care—in this case, they would owe the plaintiff the degree of care to avoid injury under the circumstances