Georgia Injury Lawyers Blog

The Most Common Types of Car Accidents in Atlanta (and How to Avoid Them)

February 21, 2017 | by Slappey & Sadd, LLC

If you drive an automobile, chances are you’ve been in an accident at one point or another, or at the very least, you know people who have. Getting behind the wheel of an automobile is by far the most dangerous thing most people do every day. In the vast majority of cases, automobile accidents are caused by human error. This can include being distracted, being an inexperienced driver, or being overly confident in one’s abilities and making mistakes.

Let’s take look at auto accidents by the numbers and some of the most common types of auto accidents.

Accident Statistics

Atlanta Bicycle Accident Basics – and How to Avoid Them

February 10, 2017 | by Slappey & Sadd, LLC

When most people think of car accident injuries, they think of injuries caused by two cars colliding with each other. After all, since most of us drive a personal vehicle to commute each day, this is our primary concern. However, riding a bicycle as a form of transportation has become increasingly popular in recent years, especially in large cities like Atlanta. While there are several advantages to cycling over driving an automobile, including being healthier, better for the environment, and just more fun all around, safety is not one of them. Cyclists face serious injury or even death when they are struck by automobiles.

Bicycle Accident Liability Basics

Bicycle accidents involve many of the same determinations of fault as auto accidents. In fact, bicycles are considered “vehicles” for legal purposes in Georgia, meaning that the general rules of vehicular traffic apply to bikes on the same basis as motor vehicles. This includes driving on the right side of the road, stopping at stop signs and lights, and using forward and rearward illumination at night.

Atlanta Residents: Be on the Lookout for Drunk Drivers this Sunday

February 3, 2017 | by Slappey & Sadd, LLC

This Sunday, our Atlanta Falcons will take on the New England Patriots in Super Bowl LI. In the 51 seasons the Falcons have been in existence, this will only be the second time that they have appeared in the Super Bowl, with their 1996 appearance against the Denver Broncos ending in a 34-19 loss.

In light of this history, you can be certain that a significant number of people in the Atlanta area will be attending parties and going to bars and restaurants this Sunday to watch the big game. Furthermore, perhaps more than any other sporting event, Super Bowl Sunday is strongly associated with party food and the consumption of alcoholic beverages. In fact, Atlanta Mayor Kasim Reed has taken the step of signing an executive order allowing bars to stay open until 2:30 a.m. this Sunday, an action which is in stark contrast to the way that other cities handle Super Bowl appearances for their teams.

All of the factors combine to result in a situation where there almost certainly be more drunk drivers on the road than usual this Sunday. Law enforcement authorities shares this view, with Live5news.com quoting the Commissioner of the Department of Public Safety being as saying “You will see our presence and you can expect that you might come upon a sobriety checkpoint.”

Anatomy of An Insurance Bad Faith Trial

September 15, 2016 | by Slappey & Sadd, LLC

Attorneys Rich Dolder and Jay Sadd literally wrote the book on insurance bad faith claims in Georgia. This post is to highlight the presentation entitled, “Anatomy of An Insurance Bad Faith Trial” that was given by Rich Dolder at the Punitive Damages iCLE Seminar held at the State Bar Of Georgia.

This seminar was held earlier today, and Rich Dolder represented Slappey and Sadd, while he spoke to the audience regarding insurance bad faith.

Insurance Bad Faith claims are some of the most complex cases to litigate; however, the team at Slappey & Sadd are exceptionally well versed in handling these types of cases, while also possessing the courage to face the insurance companies head on.

Symptoms And Signs Of Elder Abuse

August 19, 2016 | by Slappey & Sadd, LLC

As our country’s population ages, elder care is becoming an increasing concern. Oftentimes, nursing homes and elder care facilities have compassionate, caring staff who take care of our elders when they can no longer care for themselves. Are you able to determine the signs of elder abuse?

When we imagine our loved ones in a care facility, we expect that they would spend their days being assisted in every way by a loving healthcare professional. We hope that our loved ones are receiving stellar medical care, regular grooming, healthy and nutritious food. And we hope that they are receiving this care with gentleness and meekness of heart.

The unfortunate reality is that oftentimes, elder care facilities are becoming more crowded as our Baby Boomer generation ages. And sometimes, this crowding can cause a drop in the level of service for our elderly loved ones.

An accident could happen today

August 4, 2016 | by Slappey & Sadd, LLC

John woke up on a Tuesday morning, like every other day. His coffee was brewing as he was awake and ready for the day when the sun came up over his breakfast of eggs and sausage. As he looked out the window to the back yard, he thought of the dreams he shared with his wife and the week of work he had ahead.

His daughter was getting her driver’s license soon, and his son would be graduating high school in a few short months. His supervisor at work had recently given him a long list of tasks to accomplish, some of them outside his area of expertise. But, as he normally did, John faithfully adopted his new tasks and made a plan to accomplish them.

He finished his breakfast, cleaned off the table, and began gathering his things for the day. He kissed his wife goodbye as he picked up his bag and headed to the car.

CMV Law: The Georgia CDL Manual

May 30, 2016 | by Slappey & Sadd, LLC

Overview

The Georgia Commercial Driver’s License Manual (GCDLM) is an excellent reference. The GCDLM is a Georgia-specific version of the FMCSA-approved Commercial Driver’s License Manual published by the American Association of Motor Vehicle Administrators (AAMVA) and used in states throughout the country. It is available for download free of charge from the Georgia Department of Driver Services website. The GCDLM deals with selected areas of the FMCSRs and the Georgia Rules of the Road. It provides practical, user-friendly analysis of CMV operation and includes many tables and illustrations that lend themselves for use as demonstrative aids at trial. The book is aimed at those who operate or, more importantly, want to learn to operate, a CMV. Therefore, it is written with an emphasis on explaining what a driver needs to know in a down-to-earth fashion free of legalese.

Oftentimes in depositions, counsel will attempt to cross-examine a CMV driver about his knowledge of the intricacies of the FMCSRs. Rarely, if ever, is the Manual used to address an act or omission of the driver. This is a mistake. For example, the Manual provides sample “Test Your Knowledge” questions at the end of each section. These can serve as built-in deposition questions. The driver’s answers will help educate you and your expert on his knowledge and ability to safely operate a CMV. A driver is far more likely to have reviewed the GCDLM (or a similar version used in his state of licensing), rather than the FMCSRs, when learning to drive and training to obtain his CDL.

CMV Law: Turn Signals, Stop Signals, & Crossing Roadways

May 27, 2016 | by Slappey & Sadd, LLC

Turn and Stop Signals

The Georgia Rules of the Road require one turning, changing lanes, or stopping to give an “appropriate and timely signal” signal of their intention to do so. Likewise, a driver may only turn at an intersection or change lanes when properly positioned to do so, and when the movement can be accomplished with “reasonable safety.” Signals for turning may not be used to indicate “do pass” to following vehicles. Note that hand/arm signals or signal lights may be used, except when certain vehicle dimensions exceed a stated limit. It is therefore highly unlikely that hand signals by a CMV driver will comply with the Rules of the Road. Note that the code prohibits a vehicle from entering a center turning lane more than 300 feet from the point at which a left turn across one or more lanes of oncoming traffic is planned to occur.

These rules may have particular resonance for accidents involving CMVs. Lane change accidents are frequent in the trucking industry. In their defense, it may be said that, to a significant portion of the driving public, a CMV signal represents a “green flag” to pass the CMV before it can change lanes. Not surprisingly, the Court of Appeals has held that the purpose of the signal statutes is to make other drivers aware of lane changes and turns in order to prevent accidents. However, it has also been held that a left turn signal is not required of a vehicle in a left-turn-only lane. Violation of turning laws may constitute negligence per se.

CMV Law: Accidents & Duties Involved

May 25, 2016 | by Slappey & Sadd, LLC

Duties When Involved in an Accident

A number of statutes govern the duty of drivers involved in accidents. Of course, the law prohibits a driver involved in an accident from leaving the scene, i.e., a “hit and run.” The code requires a driver involved in an accident which results in injury or death to another, or damage to a vehicle, to immediately stop at the scene or “as close thereto as possible.” In that situation, a driver must both provide information and render aid. The code section also requires a driver to remain at the scene until the these requirements are met and goes on to state that “[e]very such stop shall be made without obstructing traffic more than is necessary”. Note that, a first conviction for leaving the scene of an accident will disqualify a CMV driver for 1 year.

The statute is not limited to those whose vehicles actually make contact in an accident. Rather, the question is whether the driver is “involved.” In Bellamy v. Edwards, the Court of Appeals held that a jury was authorized to find that a defendant engaged with others in the joint enterprise of drag racing was thereby “involved” in a collision that took place as a result, despite the fact that his vehicle was not part of the actual collision. Accordingly, the trial court was held to have properly charged the jury as to the statutory duties of comply with regulation.

CMV Law: Some Uniform Rules Of The Road

May 23, 2016 | by Slappey & Sadd, LLC

Stopping, Standing, or Parking

Stopping, standing or parking a vehicle is prohibited except at the certain locations specified within the statute, except “when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device. For example, stopping standing or parking is prohibited on a sidewalk or crosswalk, within an intersection, on a controlled-access highway. The statute lists numerous other areas where stopping is prohibited, restricted, or time-limited. Reference to its specific language is necessary whenever addressing a fact pattern which includes a stopped vehicle. The statute has been held to past constitutional muster and not void for vagueness. Stopping in a prohibited location may constitute negligence per se.

Approaching and Entering Intersections