Georgia Injury Law Blog

It’s the fourth wrong way driving accident-related death in recent weeks in the Atlanta area. Last weekend, a mother and a son were seriously injured when their SUV collided head-on with another SUV that was traveling the wrong way in John’s Creek. The accident was caused when Raymond Myrand drove his SUV eastbound in a westbound lane. Alpharetta-resident Myrand died at the scene of the accident, while the woman and her 12-year-old son sustained critical injuries.

The Atlanta Journal Constitution now confirms the sad news that the mother has succumbed to her injuries. Her son continues to remain in the hospital, and is expected to recover from his injuries. John Creek police are continuing their investigation into why Myrand ended up driving the wrong way and on a collision path with the SUV.

As Atlanta personal injury lawyers, we have been blogging about a series of such wrong way driving accidents in Atlanta recently. In fact, the mother here is the fourth fatality in such accidents in recent weeks. The dead include a woman who was killed on the 21^st of November when her car was involved  in a head on collision with a wrong way driver. The driver in that accident was intoxicated, and has been charged with DUI and vehicular homicide. Three people were injured in that accident, including the women’s two children. Last week, a 25-year-old woman was killed in a head-on collision with a man driving north in the southbound lanes of the Downtown Connector.

Toxicology tests on Maynard will confirm whether alcohol or drugs were a factor in his driving the wrong way and ending up causing this tragic crash. In light of his death, it’s going to be harder for investigators to piece together what happened in the last hours leading up to the crash.  

As Atlanta personal injury lawyers, we have to wonder why there has been a sudden increase in such accidents recently, and whether the extended holiday season since Thanksgiving and drunk driving ,has anything to do with it

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

As Georgia car accident lawyers, we represent victims of automobile accidents, not just in the metro Atlanta area, but across the state. This includes rural areas in Georgia.  That is why it‘s deeply concerning to us to see that rural Georgians continue to be at a higher risk of fatal accidents, than their city counterparts.

According to data from the National Highway Traffic Safety Administration, there were more fatal accidents on back roads on rural areas in 2008, than in the urban areas. In 2008, there were 700 fatal crashes in rural areas in Georgia, compared to 687 on urban roads or main highways.

According to law enforcement officers, a large number of accidents on back roads seem to involve speeding. These narrow back roads in the country are not meant for high speeds. Rural roads also may come with dangerously sharp curves and road signs that are old and worn out. When you add to that a driver who may be distracted talking on the cell phone or driving at high speeds, an accident is almost expected.

In Georgia, law enforcement faces unique challenges keeping those fatality rates down.  Rural roads tend to see a lot of pickup truck traffic. Pickup drivers continue to be the only group of motorists in the state that is exempt from mandatory seatbelt laws. Statistics show that the lack of a law requiring pickup drivers to buckle up, had led to lowered seatbelt usage rates for these drivers. The consequences are easy to understand. These drivers are at a much higher risk of being killed in accident.

It’s also a fact that road maintenance activities tend to be concentrated in the urban areas and busy highways. The result is clear to see in many of Georgia’s back roads. Many of these roads are missing several features that could prevent serious accidents, like guardrails.

As Georgia personal injury lawyers, we find that there is something very perverse about having a higher risk of being killed in an accident if you happen to meet with one in rural Georgia. These people continue to suffer because of limited access to trauma centers, most of which are concentrated in and around the metro Atlanta area. The Georgia Department of Transportation must work together with the USDOT to develop programs to minimize the number of deaths that occur on our rural roads.

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

Three Killed in Stone Mountain Freeway Van Accident

At least three people, all employees of Georgia Power, were killed in a deadly van accident on Stone Mountain Freeway on Tuesday afternoon. Six other people have sustained critical injuries.

According to the Atlanta Journal Constitution, a van with 9 people inside was struck by a Dodge Stratus, which clipped the van when it tried to make a lane change. The van flipped over from the impact, and was severely damaged. Emergency crews had to cut through the roof of the van to rescue the victims trapped inside.  The critically injured were rushed to Grady Memorial Hospital and Atlanta Medical Center.

The van was a Southern Company van, and all the occupants worked for Georgia Power. According to family members of the injured, the group has been car pooling for more than 10 years now. DeKalb Police are indicating that the sedan driver could face charges. None of the occupants of the sedan were injured.

Our hearts go out to the families of the three victims in this tragedy, and our prayers are with those who still remain in critical condition in hospitals in Atlanta.

Auto Accidents can Leave Victims Physically, Financially, Emotionally Shattered

For someone who's never been involved in a serious accident, it's hard to understand the anguish of those who survive a crash.  The hours and days after an accident can be extremely traumatic, not just for the victim, but also the family. Victims will require not just emergency care, but depending on the extent of their injuries, may also undergo life saving surgeries in the initial hours after the accident. When their condition begins to improve, there may be physical therapy and rehabilitation sessions to regain lost strength.

For families of these victims, the journey through the ordeal can be equally traumatic. They are required to stay strong for the victim, and in case of spouses, keep the family going and home fires burning while their loved ones recuperate. All this can take an unimaginable toll on these people.  They are in need of financial support, and have also been left emotionally battered by their experiences.

It's what we keep foremost in our minds when accident victims and their families come to meet with us to consult with an Atlanta personal injury lawyer.  

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Lawsuit

Last month, we reported on a Gwinnett County police officer arrested after being involved in a DUI accident. According to the Atlanta Journal Constitution, it now turns out that police officer James Stoudenmire had also been involved in another fatal accident, which has resulted in a wrongful death lawsuit against the County.

On December 15^th 2006, Stoudenmire, according to the lawsuit, was traveling on US 78 at a speed of between 78 to 80mph.  The lawsuit alleges that he was driving with no sirens or flashing lights when he crashed his car into another vehicle, being driven by Willie Allen Sergeant Jr. Stoudenmire at the time was responding to a code three call. Officers responding to a code three call must obey speeds limits, and all traffic control devices. The crash killed Sergeant, and his family in December 2008 filed a wrongful death lawsuit against Gwinnett County.

After the fatal accident, Stoudenmire was suspended, and underwent training on the proper use of emergency vehicles. Gwinnett County's response to the lawsuit says that Sergeant had consumed alcohol, and was therefore negligent. He was also found to be at fault for his failure to yield while turning left. That lawsuit could end up in trial early next year. Lawyers for Willie Sergeant's family are confident that Stoudenmire's recent errors for DUI strengthen their case.

Stoudenmire, as we reported on our blog earlier, had been a cop for 4 years, and during that period of time, has caused one fatal accident, and been involved in another fairly serious one that ended in injury. It seems like the police department here had fair warning about this officer's propensity for reckless driving, and failed to take steps to correct his behavior.

The Gwinnett County auto accident lawyers at the Katz Law Firm represent victims injured in automobile accidents in Gwinnett, DeKalb, Cobb, Clayton and Coweta Counties, and across Georgia.

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

 

Stone Mountain Woman Killed in Accident in Gwinnett County

A woman was killed in a head-on accident over the weekend near Lilburn in Gwinnett County. According to news reports, the woman was driving a Ford Escort, when she crossed a center line, and rammed into an oncoming Chevrolet. The woman, who has been identified as Maureen Kalkstein was rushed to the hospital, but was declared dead.

According to Gwinnett County police, Kalkstein was not wearing a seatbelt at the time of the accident. In 2009 alone, Gwinnett County has seen 37 people dying in accidents.  Out of those, 6 involved motorcyclists and pedestrians.  The remaining 31 people were killed in auto accidents, and out of these, 14 were not wearing seatbelts at the time of the crash.

The accident places focus on seatbelt safety in Georgia. Under Georgia laws, all motorists above the age of18, and front seat passengers must buckle up. However, the laws are not applicable to pickup truck drivers. We continue to be the only state in the country that does not mandate seatbelt use for pick up drivers. The laws were formulated out of concern that mandatory seatbelt usage could cause inconvenience to people in rural areas, like farmers. However, lack of mandatory sat belt laws for pickup truck drivers has resulted in low rates of seatbelt use by these drivers. Consequently, there are increased fatality rates for drivers of pickup trucks when they're involved in accidents.

Because of these laws, Georgia has missed out on federal funding that is provided only to states that have mandatory seatbelt laws for all. Earlier this year, a bill to get pickup truck drivers to buckle up, was rejected by a house panel. The rejection of the bill came even after legislators saw evidence and heard testimony that mandatory seatbelt laws could save dozens of pickup drivers, and prevent hundreds of injuries every year. Experts estimated that these deaths and injuries could save the state an approximate $62 million in accident costs every year. It would have also made Georgia eligible for a $4 million federal highway grant, which we've lost out on for years now.

The Gwinnett County personal injury lawyers at the Katz Law Firm represent injured victims of car accidents in Gwinnett, DeKalb, Cobb and Clayton Counties, and across Georgia.

 

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

Georgia Family Battles Over Wrongful Death Damages

The parents of a teenager who died in an accident involving a police car in 2007, is likely to appeal his wrongful death verdict in the Georgia Supreme Court, in a case that has received nationwide attention for its unusual nature.

In October 2007, 16-year-old Byron Trent Pyles died in a car crash involving a police car. His parents, Rebecca Lynne DeVent and Byron Keith Pyles filed a wrongful death lawsuit in Henry County against the Locust Grove police officer involved in the accident, and the police department.

It would have been a regular wrongful death lawsuit, except that 5 months after Trent died, a teenager named Heidi Flora gave birth to his daughter, named Allison Trent Flora. Before Allison was born, Heidi’s mother Hannelore Flora asked for a ruling that the child was the only heir of the deceased, and therefore, had sole rights over damages after his death. Trent's family initially disputed Allison's paternity, but later tests proved that Trent was indeed Allison’s father.

However, the parents continued to dispute Flora’s claim that the child was the sole claimant in Trent’s death. The family's lawyers argued for Allison to meet the definition of a "survivor child." Under Georgia's wrongful death laws, Flora's lawyers needed to prove that the baby was capable of movement in the mother's womb, during Trent's death. Georgia’s laws place that time as falling between the 10^th week and fourth month of pregnancy. The parents lost the case after the Henry County Superior Court ruled in favor of Flora. The Georgia Court of Appeals followed likewise. They are now looking at the Supreme Court for justice.

Who Can File Wrongful Death Lawsuits in Georgia?

 

Georgia's laws allow survivors to claim wrongful death damages for the negligence of another, in order of priority. The surviving spouse of the deceased may file a lawsuit, and in his or her absence, the children of the deceased may be eligible for recovery. If the deceased died without any children, only then can the parents of the deceased file a wrongful death lawsuit.

The Georgia wrongful death attorneys at the Katz Law Firm represent survivors of victims killed because of the negligent or reckless acts of another.

Posted By Lisa Siegel In Wrongful Death | 1 Comments Permalink

 

 

 

 

One Killed as SUV Crashes into Douglasville Home

You don’t expect to be struck by a car when you're safely ensconced in your own home. But that’s exactly happened to Douglasville-resident George Michael Bryant.

The 60-year-old man was in his house watching a movie on Saturday night with his wife, daughter and two grandchildren, when an SUV crashed into their house. Bryant suffered massive injuries and died. His wife, daughter and grandchildren are being treated at local hospitals.

According to police, the driver has been identified as 47-year-old William Steward of Douglas County. Steward was driving a Lincoln Navigator, and struck several mail boxes, bushes, and a parked car, before he crashed into the left side of the Bryant’s home. The impact of the accident was so great that the SUV ended up almost in the back of the house. George Bryant, wife of the victim, was pinned down under the Navigator.

Residents on the street where the accident occurred, say that motorists driving at excessive speeds is a common problem here. The speed limit in the area is 35mph, but that doesn’t stop motorists from racing up and down, posing a danger to pedestrians, motorists, and unbelievably enough, people who are inside their homes.

The Bryant’s are currently staying at a hotel while the damage to their house is fixed. There is no information yet if alcohol was a factor in this accident, but Steward will be subjected to an alcohol test. It’s very likely that speed was a factor here.

The Georgia car accident lawyers at the Katz Law Firm represent injured victims of automobile accidents across Georgia.

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

Child Killed in Douglas County Accident

A 4-year-old boy has been killed and other members of his family, including his mother, have been seriously injured in an accident in Douglas County earlier last week.

According to Georgia State Patrol, a Pontiac Bonneville crossed the center line, and crashed into a Toyota Corolla on Monday. Two children, including 4-year-old Luke Ingalsbe were sitting in the backseat of the Toyota.  Luke sustained fatal injuries. Luke’s mother, his infant brother Jacob, and a front seat passenger were seriously injured. The driver of the Pontiac sustained minor injuries.  Investigations into the accident are going on.

The investigation will consider whether the driver of the Pontiac crossed the center line. Blood alcohol tests will be conducted to determine if alcohol was a factor.  Investigators may also consider the speed of the car at the time of the accident. There could be any number of reasons why an accident occurs. Investigations can take weeks, or months.

For families of victims of auto accidents, there is very little that can help ease the pain of losing a loved one in this manner.  Fortunately, Georgia’s law allows such families to hold the responsible party accountable for his negligence.

Families who have lost a loved one in an accident caused by the negligent driving of another, can file a claim for wrongful death damages. As Georgia wrongful death lawyers, we find that families sometimes struggle with the point of the lawsuit. While no amount of money can ever compensate for the loss of a family member, it's important to understand that a lawsuit is a part of the process of holding the negligent party accountable for his carelessness. 

Besides, in the case of a working adult who is killed, the death can leave behind a financial void because of the loss of the deceased's income. There may be the need for bereavement counseling and therapy, and these damages can help pay for these. Wrongful death compensation can't make your family whole again, but it can make sure that your loss isn’t exacerbated by financial worries. 

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

December 3, 2007

Last week the Atlanta Journal Constitution’s front-page article examined the complex legal issues that arise when two family members are involved in a single car collision. Sisters Yvonne Woods and Janice Carroll were traveling cross-country in Janice’s SUV. While driving her sister’s vehicle, Yvonne fell asleep. The SUV left the road and crashed. Yvonne was killed in the accident and Janice was injured. 

 

The AJC article focused on the outrage from Yvonne’s family when Yvonne’ eldest daughter (probably the executor of the estate) was served with a personal injury lawsuit filed by Aunt Janice. Apparently, the family had no idea that Aunt Janice was suing the estate for her injuries. Further, the family was shocked that Aunt Janice would sue when her sister had been doing her a favor (helping her drive cross-country) when she was killed.

 

The online version of this story lists twelve pages of reader comments. From reading these comments, it is clear that many people do not understand the basics of personal injury claims. Liability and insurance issues are confusing. While it is impossible to know all the issues from the limited facts made available by the AJC, here is short summary addressing many of the legal issues raised.  

 

1.      Liability Insurance Policies Do Not Pay Claims of the Named Insured.

 

Many readers were incensed that State Farm would not pay the claim of Janice. Janice owned the vehicle involved in the collision and it was covered by a policy provided by State Farm. Typically, in Georgia, insurance follows the car. Thus, the automobile policy of the car involved would be primary. The liability policy for the car would not cover Janice because she was not a third party to the accident. She may have been a passenger, but she was also the owner of the car and therefore, a first party to the policy. In other words, she cannot sue her own liability policy. She may recover the limits of medical payments coverage for this, but she cannot recover liability coverage.  

 

Yvonne had an automobile liability policy with Liberty Mutual Insurance. Janice also attempted to negotiate a pre-suit settlement with that insurer. However, Liberty Mutual denied the claim. The reasons for this are unclear. It may be that there is a coverage issue with this policy. It may be that the insurer questions Yvonne’s negligence, or it may be that the policy limits have been exhausted already.  

 

            2. Insurance Companies Providing Liability Coverage Cannot Be Sued as Named Parties

 

Many people posting comments were appalled that Janice sued her sister’s estate rather than suing the insurance companies. Janice cannot sue the insurance companies. Her claim is against her sister’s estate for the negligence caused by her sister when she fell asleep at the wheel. Liability insurers provide a defense to liability claims. Insurers will pay per the policy contract, but they are not parties to lawsuits. The lawsuit is against the negligent driver. Granted, Janice should have informed her family that the suit was coming, but she was not required to either.

 

If there were a judgment against Yvonne’s estate, then the estate would be obligated to pay it. However, liability insurance would cover that type of judgment provided it was a covered event. Also, the insurer would not be obligated to pay beyond the limits of the policy.

 

            3. Adult Siblings Can Sue One Another as a Matter of Law

 

One person posted an interesting question as to whether the family purpose doctrine prevented family members from suing one another. First, the family purpose doctrine relates to the agency relationship in families where there is a common family car. The question should be whether there exists family immunity or sibling immunity in Georgia. For the purpose of this case, two adult sisters living together as roommates are not immune from tort suit by one another. 

 

Family immunity prevents an unemancipated child from suing his or her parents or vice versa. However, nothing prevents two siblings from suit, particularly where they are both adults. See Stepho vs. Allstate Ins. Co., 191 Ga. App. 494 (1989). This applies even if they live together. However, some policies of insurance do prohibit interfamily lawsuits. In this case, the public policy of mandatory insurance dictates that the exclusionary clause allows insurance up to the minimum limits of coverage required in Georgia, in this case $25,000.00.

 

            4. Suits Are Brought Where the Defendant Resides

 

Another person insisted that Alabama law applied because the accident occurred in Alabama. This is incorrect. Presumably, both contracts of insurance were written in Georgia. For insurance coverage issues, Georgia law will apply. As to legal issues of negligence, the suit is brought where the defendant resides. In this case, the article tells us that suit was filed in Fulton County, Georgia. Thus, the defendant, in this case the estate of Yvonne, is domiciled in Fulton County, Georgia. Thus, Georgia law applies to this action. Sometimes when a person is traveling across state lines and is involved in a car accident, then venue may be brought where the accident occurred under the law of the Nonresident Motorist Act (O.C.G.A. 45-13-26 et seq.). But that is not the case here.   

 

5.      The Purpose of Personal Injury Actions Is To Compensate for the Loss Caused by Another’s Negligence

 

Many readers were incensed that Aunt Janice sued in the first place. While it is terrible that her sister Yvonne was killed in this single car accident, and nothing can change that, Janice had injuries as well. Serious car accidents can cause lifelong debilitating injuries that put people out of work and in serious debt with large medical bills. Even medical co-payments for those with insurance can be significant.   Not only is Janice entitled to recover for out of pocket expenses, but she is also entitled to be compensated for pain and suffering as well. 

 

While pain and suffering constitute non-economic damages, Georgia law recognizes it as a genuine element of loss.   If Yvonne fell asleep at the wheel, then she was negligent, and her negligence not only caused her own death, but injury to Janice as well. The purpose of personal injury claims is to help make people whole again. While money cannot make up for the loss of a sister, it can alleviate the troubles caused by mounting medical bills, lost wages, and personal anguish. One of the reasons that automobile liability insurance is mandatory in Georgia is to provide compensation for this type of loss.     

 

Hopefully, the two families will come together again even after this devastating loss. But understanding the law better would also help them.          

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

November 20, 2007

ABC News recently reported on an incident in Pasadena, Texas last week and captured on a 911 tape where  zealous gun owner, Joe Horn,  noticed his neighbor’s home was being burglarized. Relying on the Texas “Stand Your Ground” law, the neighbor ran next door, shot and killed the two burglars despite pleas for patience from the 911 operator. 

In 2006, the Georgia legislature with Senate Bill 396 enacted a “Stand Your Ground” law similar to the one in Texas. O.C.G.A. sections 16-3-2 and 51-11-1 provide that a person has the right to meet force with force,  including deadly force, in defense of one’s self, one’s home or other property. These laws provide immunity from both prosecution and civil tort actions. Sixteen other states have enacted similar legislation, expanding the legal boundaries of self-defense that previously required a duty to retreat.

For example, if a homeowner is confronted by a burglary in progress at one’s home, the homeowner could shoot to kill, and would be free from prosecution or a wrongful death action brought by the burglar’s family. Interestingly, Georgia case law already provided that one with a reasonable fear of danger to his or her life could use lethal force to protect their home or property. The new statute goes a bit either, allowing one to use lethal force even outside the home to protect any property.   Further, by providing immunity,  the shooter has no burden to establish self-defense

The “Stand Your Ground” law originated from lobbying by the National Rifle Association and was first enacted in Florida. The NRA’s position is this type of legislation takes away the duty to run and allows victims to stand their ground. Further, immunity from civil and criminal penalties protects victims from being second guessed by the legal system.  Supporters of this legislation say it is an answer to rising violence. In 2006 the FBI reported 2.18 million home burglaries in the US. Gun advocates say that due to rising violence,  innocent victims must regain control.     

Critics of the law argue the legislation encourages vigilantism and makes it more likely that confrontations will turn deadly. The Brady Campaign to Prevent Gun Violence argues the provisions are too broad and, in fact, empower  the most aggressive members of society. The Brady Campaign has referred to this legislation as “Shoot First, Ask Questions Later” bills. Georgians for Gun Safety advocated against the law, claiming the legislation broadened the concept of self-defense in the minds of citizens and in the minds of criminals.

What makes the Texas case interesting is that the Joe Horn shot and killed two burglars of his neighbor’s property. Thus, by shooting to protect someone else's property, he might not be entitled to immunity.  The 911 tape recording does also reflect a bit of vigilantism, as he ignores the operator’s plea to wait for the police while he shouts to the burglars, “Move, you’re dead!”    

After Georgia's "Stand Your Ground" law was enacted, an 84-year-old homeowner in Augusta, Georgia shot and wounded a 24-year-old burglar of his backyard tool shed. The homeowner lay in wait for the burglar who had been routinely stealing yard equipment.   Thanks to the “Stand Your Ground” law the octogenarian did not have to answer for any civil or criminal penalties. 

For those interested in legal history, common law did not allow one to use lethal force in the protection of one’s property. For example, the homeowner could not set a deadly trap for an anticipated home invader. One could however, use reasonable force to prevent a crime where there was a threat to self or property. 

Obviously, changes in the law create uncharted territory for the legal system. Can you use lethal force to defend your neighbor’s territory? Can you shoot a family member  who is "borrowing" your car? Can you shoot a burglar stealing a hubcap off your car in a parking lot? The court system will likely be called upon to address the intent of this legislation and its effects in varying situations.

Wrongful death actions arising out of violence are not uncommon. In certain contexts insurance policies may even provide coverage for these types of suits. If you have any questions about new laws and their impact or if you have a potential wrongful death claim, contact the law office of Robert N. Katz for a consultation.   

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink