Atlanta Personal Injury Lawyer Blog
Atlanta Car Collisions in the Snow and Ice
In late January 2014, Greater Atlanta and the surrounding areas experienced a storm that brought snow and ice to the roads. The estimate for snow was two inches. The estimate for ice that formed afterwards was unknown. The result was chaos.
Tractor-trailers ignored regulation and attempted to come through the city and blocked up lanes. Schools seemingly all closed at the same time with parents rushing to the streets to pick up the children. Businesses and government offices were not far behind. On that day, it was not uncommon to travel five to seven miles in four to five hours.
I spent a good portion of the night helping to push stuck cars up Roswell Road in Buckhead. Neighbors came to our assistance and brought coffee and food. I asked an Atlanta Police officer to help, but he declined due to potential liability concerns. Later, an unmarked police vehicle was slamming his horn and using his speaker to tell us (the volunteers) to move a truck out of the road. This police officer didn’t bother to help.
I witnessed vehicles and trucks sliding into each other on declines and on inclines. Toward 8 p.m., a lot of folks were leaving their vehicles parked in shopping center lots, neighborhood streets and the main street (Roswell Road). I saw vehicles collide with other vehicles while attempting to maneuver on side streets to snag a choice parking spot.
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86 PERCENT OF DRIVERS INVOLVED IN 7-CAR PILE UP WERE CHARGED WITH DUI
What are the odds that six of seven drivers involved in a chain reaction car wreck in Clayton County, Ga., were driving under the influence? At a simple glance, 86 percent of the drivers. Unfortunately, I do not have access to data to crunch the numerical statistics of how often these variables exist at one time in the United States. However, the number has to be quite, quite low.
Granted, it was a holiday weekend and motorists had free time to travel, see loved ones and friends, to mix and mingle and perhaps…. imbibe a little alcohol. It was with this possible intention in mind that we come to know the facts of the pile-up that took place around 3 a.m. on July 3, 2013, on or around I-75 at C.W. Grant Parkway–north of I-285 close to the exit near the international concourse of Hartsfield-Jackson Atlanta International Airport. Of course, the facts are not complete without mentioning that this chain reaction pile up was allegedly caused by pedestrian that walked or ran onto the southbound lane of I-75 and was promptly struck by the first car.
According to the Atlanta Journal-Constitution article, the wayward pedestrian caused the first vehicle to slow or stop, which proximately resulted in the other six vehicles directly behind it to subsequently crash into the rear-end of each respective vehicle. The pedestrian was taken to the hospital in critical condition and charged with a violation of pedestrian entering the roadway. Six of the motorists were charged with driving under the influence and of these six motorists, two were also charged with following too closely. I think it can be fair to say that speed and decreased reaction time due to alcohol intake were factors in this incident.
Driving under the influence (DUI), driving while intoxicated (DWI), drunk(en) driving, drunk driving, operator under the influence, drinking and driving, impaired driving or driving to the extent less safe are crimes associated with operating and driving a motor vehicle with blood levels of alcohol that are in excess of a legal limit. A review of Georgia DUI laws can be found here as promulgated by the Georgia Governor’s Office of Highway Safety. The prominent and most widely used DUI law connected with the operation of a motor vehicles in Georgia is O.C.G.A. 40-6-391 that sets forth the grounds for driving under the influence of alcohol, drugs or other intoxicating substances. As a majority of the motorists were charged with a DUI violation, it is presumed that the motorists either submitted to an alco-sensor at the scene, failed field sobriety tests, refused testing completely and/or consented to a blood alcohol test.
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Woman Paralyzed After Fall At Buckhead Bar
Wet Willies is a frozen daiquiri bar and restaurant concept that is franchised throughout the Southeast with 14 locations. The concept is simple: provide frozen alcoholic and non-alcoholic drinks/daiquiris, as well as food, to the public. One such Wet Willies bar is located in Buckhead, the uptown district in Atlanta considered to be one of the major financial and commercial centers in the southeastern United States. This particular Wet Willies location is popular and frequented by young African Americans in Atlanta.
If you have never been to a Wet Willies, it is similar to a Fat Tuesday or a Pineapple Willy’s, where the available frozen drinks are lined up in see through metal tanks in a row behind the bar. Some of these frozen concoctions have catchy monikers that aim to indicate the strength of the alcohol (i.e. grain alcohol) in the drink. Having personally been to such an establishment, it is easy to become unknowingly inebriated from the sweet frozen libations over a short period of time depending upon your consumption.
On August 3, 2013, according to an AJC article, a young woman was at the Buckhead Wet Willies with her sister and perhaps, other friends. An unknown male came up to this woman and attempted to lift her up by her waist several times. However, the woman continuously told the man to stop. At some point, the man was successful in lifting her up. Unfortunately, the man dropped the woman on her head and fell on top on her. Consequently, the woman was unable to move her arms or her legs on the floor. She was transported by an ambulance to Atlanta Medical Center where she was treated for paralysis and other injuries. Three days later, the woman’s sister reported the incident to the Atlanta Police Department and the investigation is ongoing with zero suspects.
The question remains as to what options the innocent victim may have against the assailant and/or the Wet Willies franchise. Simply put, if the man is identified, then the victim may file suit against him for compensation for her bills, injuries, pain and suffering, and perhaps punitive damages under O.C.G.A. 51-12-5.1 (if the facts indicate that the man’s actions showed “…willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”
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New Trucking Regulations Decrease Trucker Fatigue Today
An announcement today by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) confirms that new federal regulations go into effect today, July 1, 2013. U.S. Transportation Secretary, Ray LaHood, former congressman from Peoria, Ill., stated that “[t]hese rules make common sense, data-driven changes to reduce truck driver fatigue and improve safety for every traveler on our highways and roads” and that [s]afety is our highest priority.” In short, the new regulations were designed to prevent truckers from becoming tired and fatigued on their trucking routes across America.
Now, any driver who operates a commercial motor vehicle (CMV) is subject to these new regulations. A CMV is defined as any vehicle used in business that travels interstate (across state lines) and matches one of the following descriptions:
• weighs 10,001 pounds or more;
• has a gross vehicle weight or gross combination weight or 10,001 pounds or more;
• is designed or used to transport 16 or more passengers (including the driver) for financial compensation; or • is operating in interstate or intrastate (within a single state) commerce and is transporting hazardous materials in a quantity requiring signage.
The regulations that became effective today were published back in December 2011 in order to give trucking companies and their employees time to digest the hour of service and related rules, and work toward their implementation and enforcement. The effective date of the regulations was February of 2012 and today is the actual day of compliance. The argument for these rules is that unregulated trucker operation of CMVs without hours of service would lead to more truck crashes, driver fatigue and chronic health problems. The FCMSA has stated that these rules are the product of years of research and truck driver input and should “save 19 lives and prevent approximately 1,400 crashes and 560 injuries each year.”
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One Drink Minimum for Drivers Is Coming To A State Near You
Over the past 10 years, the standard or benchmark for determining whether a motorist is operating a vehicle under the influence of alcohol has been set at 0.08 blood alcohol concentration (BAC); although, this standard is not applicable to commercial and tractor trailer drivers who are subject to 0.04 BAC. The National Transportation Safety Board (NTSB) promulgated this benchmark.
The NTSB is a U.S. government investigative agency that was formed in 1967. Allegedly, the NTSB is an “independent group” that is primarily responsible for the investigation of transportation accidents including airplanes, boats, trains, pipelines and vehicles, among others. The NTSB is composed of five members that are nominated by the President of the United States (POTUS) and confirmed by the U.S. Senate for five-year terms. No more than three of the five members can be from the same political party. The most powerful weapon in the arsenal of the NTSB is its safety recommendation(s). The NTSB has advocated more than 13,000 recommendations in its timeline – most of these recommendations have been accepted and adopted – including the previous recommendation of 0.08 BAC for motorists.
States and other governmental entities adopt the recommendations of the NTSB because the NTSB is backed by the purse strings of the federal government. In other words, if any state rejects the new proposed 0.05 BAC benchmark for DUI drivers, then that state risks losing federal highway funding.
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Tire Kills Woman on I-85
I am not a mechanic. However, I have been driving cars for more than 30 years and have been around a shop once or twice. Recently, an Atlanta mother died when a motorist’s wheel (rim and all) allegedly came off his vehicle and crushed the roof of the mother’s vehicle causing instant death.
Most motorists don’t pay attention to their tires unless they see a little yellow light on their dashboard alerting them to low pressure. I believe the same conclusion applies to motorists who actually rotate (front to the back and back to the front) their tires. But – I digress.
The question is how does a wheel disengage from a moving vehicle. Let’s start by covering the bases of how a tire might blow or rip from the rim. If a tire is underinflated, then the tire has more surface area flat on the road surface while still keeping the chassis suspended on four wheels. In this situation, the tire can flex beyond its elastic limit and overheat and blowout. By contrast, an overinflated tire combined with longstanding tire wear or a poor retread could lead to a blowout. When a tire is overinflated, the tire tread does not adequately grip the road as less tire tread lies flat on the road. Over time, an overinflated tire can lead to a blow out. Yet, these situations don’t account for a complete wheel and rim coming off a moving vehicle.
Here are the basics. A tire is fit around a metal rim. Between the rim and the tire is oxygen or nitrogen that helps fit and secures the tire to the rim. The metal rim is secured to the car by several lug nuts. Additionally, some older vehicles have wheel ball bearings (steel bars held together by a metal ring) that need to be replaced or re-greased over the lifetime of the vehicle. Newer model vehicles have ball bearings that are sealed and do not need any maintenance. The wheel bearings (set of ball bearings) help support the wheel and ride on the axle shaft. The wheel bearing is located at the hub in the center of the wheel. The hub is located where the lug bolts come through the wheel.
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Woman Attempts To Elude DUI In Toy Truck
This is not just another shocking headline; unfortunately, there was indeed a woman who resided in Craighead County, Ark., who tried to escape from the police using a child’s battery operated toy truck. To provide some background, Craighead County is located in the far northeast portion of the state and has a population just shy of 100,000 people. This county is composed of two county seats: Jonesboro and Lake City, where the sale of alcoholic beverages is prohibited by law. This incident occurred in Jonesboro.
Now to proceed to the facts of the crime. On March 3, 2013, around 5:30 p.m., 29-year-old Jamie Jeannette Craft was operating a 2001 Pontiac Grand Am on the streets of Craighead County. Just prior to the accident, Ms. Craft was traveling in excess of the speed limit and had no regard for the safety of others or their property. She sped around a corner and collided into a stationary mobile home under the panel of said trailer.
Could things actually get worse for the young Ms. Craft? Always crafty on her feet, she got out of her vehicle and immediately grabbed the adolescent daughter of a nearby witness and proceeded to step into battery operated Powers Wheel truck to commence her getaway. Looking ever conspicuous in her white sweatshirt sans pants and shoes, Ms. Craft was still trying to determine how to operate the toy truck when the witness took his daughter inside his home.
The witness then came back outside with his son (owner of the toy truck) and forced Ms. Craft to exit said vehicle at which point Ms. Craft started to scream and made a beeline for her mother’s mobile home. When police arrived, they had to hold Ms. Craft up by the shoulders and administer a portable Breathalyzer test, which registered a 0.217 blood alcohol content (BAC); this is three times the legal limit.
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The Number One Killer Of Teens
According to several studies, the number one cause of death among teenagers is driving a motor vehicle. In fact, car wrecks account for 25 percent of teen deaths per year. It is estimated that enough teenagers die each year to fill the halls of one to two large high schools.
The Governors Highway Safety Association released a report in February of 2013 that reflected that teenage deaths were up almost 20 percent between the first six months of 2011 and the first six months of 2012. If the final six months of 2012 remain statistically consistent with the past data, then 2012 is the second year in a row of increases in teenager driving related deaths.
According to the same report, Georgia had six teenagers die in the first six months of 2011 and five in the first six months of 2012 for a net of -1. Other states, such as Illinois and Texas have a much higher rate of teenage fatalities. For example, Illinois had 12 deaths over the same period and Texas had 30. It is easy to recognize that Illinois is currently in a serious fiscal situation and Texas has a much larger population as a whole.
Some causes attributed to the rise of deaths include a healthy economy and driver licensing laws. I also believe that the rise of cell phones along with the temptation of teens to stay in touch whenever and wherever with their peers while operating a car is another newsworthy cause. It has been argued that as the economy strengthens, more teenagers are able to drive vehicles in greater numbers on the roadways of America. I assume with more money in their pocket, teenagers are more prone to discretionary driving despite higher or lower gas prices. I am sure that a poor economy affected the number of teenagers actually applying for licenses and the amount of driving. And, states that have seen reduced revenues in the past are pumping less money into driver licensing laws for teenagers, which lead to fewer drivers’ education and programs.
Among teenage car accidents, a pattern has emerged. Typically, teen crashes occur with a group of teens generally driving with no set destination or purpose at night without seatbelts and in excess of the posted speed limit. The incidence of teenage driver crashes increases with more than one passenger, particularly if such passengers are male. The pattern reflects poor driving habits of teenagers.
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Steering Wheel Grip: Time For An Update
I learned how to drive a car by operating a Honda Civic with a manual transmission near the cornfields of Central Illinois in the early 1980s. As I recall, my father always told me to imagine that the steering wheel was a clock and I should grip the steering wheel at the 10 o’clock and 2 o’clock position to maximize control and quick maneuverability. So…that was the way I was taught; that was the way I drove; and that is way I continue to do it today.
The Honda Civic had power steering. The 1952 Chrysler Imperial was the first passenger vehicle to have power steering, and the technology became widely available in cars in the late 1960s and early 1970s. In short, the technological invention made it easier to turn the steering wheel with little effort; particularly, when the car was slowing or stopped. I remember that driving a car without power steering became a chore and took a good deal of muscular exertion with every turn.
Now, I drive a SUV and a Ford pickup, both of which have power steering. The SUV also has a faux wood steering wheel that needs to be gripped tightly. Up until yesterday, I was driving that car using the old 10 o’clock 2 o’clock position. However, today, I read an article that references a study by the American Automobile Association (AAA) that concludes that this grip technique is not only incorrect but dangerous as well. State Farm and the National Highway Traffic Safety Administration both made this determination as well.
Apparently, in the days of yore before power steering, the “10 and 2” position enabled a motorist to exert more control by pulling down on the side of the steering wheel to enable a turn. However, most–if not all–cars produced today are equipped with power steering and the wheel does not require such force or placement of the hands.
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