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Bringing the Right Experience and Legal Insight to Georgia

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Two weeks ago, I tried an auto injury case in front of a six (6) person jury in the State Court of Cobb County, Georgia.  Judge Carl Bowers was the presiding judge at this trial and made fair and consistent rulings on the evidence. Prior to this trial, State Farm had undergone some type of a reorganization and the supervisor was contacted (versus the adjuster) by the defense lawyer as to settlement authority. It was relayed to me the morning of the trial that the supervisor had decided to offer zero dollars – no in-depth explanation was provided.  But that was okay because I had prepared for this trial and both my client and I were ready.  By way of background, Cobb County has been known as a conservative venue for car wreck cases.  However, with changing demographics and opinion regarding human losses and injuries caused by car crashes, that old assumption is no longer true.

Let me tell you the facts of our case.  In July of 2012, my client was operating a Lincoln Town car (built like a tank) and was stopped at an intersection at a red light when the defendant collided into his vehicle from the rear.  As luck would have it, the collision was captured on the dash cam video of a Douglas County Sheriff who had been traveling down the road in the opposite direction. However, Georgia State Patrol had jurisdiction of the wreck and completed their investigation.  In my career, I think I have only had several cases that reflected the car crash on video. After investigation, the trooper cited defendant for following too closely behind my client’s vehicle than was reasonable and prudent.

In terms of the property damage, my client’s vehicle was totaled and his trunk reflected intrusion of several feet.  The strength of the impact caused my client’s seat to break and my client was forcibly thrown backwards striking his head and neck against the back seat.  He does not recall losing consciousness but felt a headache and some neck pain at the scene despite telling both the defendant and the trooper that he was not hurt.

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In 2011, I filed suit against the Cobb County Board of Health (and its employee) for damages caused to my client due to a rear end collision that took place in Marietta on November 23, 2009.  My client  was stopped on Pat Mell Road with his left turn signal activated waiting for traffic so as to turn into his driveway.  My client’s roommate was outside the home and witnessed a Ford Econoline (owned by Cobb County Board of Health and operated by an employee) van slam into the rear of my client’s vehicle. The impact was so great that it broke my client’s car seat, knocked my client unconscious and propelled his vehicle 50’ from the point of impact.

My client’s roommate immediately ran after the car to the point where the vehicle had come to a rest following the crash.  Upon his arrival, my client was slumped back in his seat and unable to speak.  My client was taken by ambulance to the Wellstar Kennestone Hospital.  After he was discharged from the hospital, my client followed up with an orthopedic surgeon on January 4, 2010.  My client received conservative treatment from the provider including physical therapy and prescription medication for continuing pain in the low back that traveled down his legs.

My client underwent a magnetic resonance image test or what is commonly referred to as an “MRI” of his low back. The MRI test produced a computerized image of the internal body tissue of the low back. The MRI demonstrated a disk herniation (a protrusion of fibrous material outside of the disc in the spine) in his low back at the lumbar (low back) five sacrum (low back) one level.  A herniated disc is analogous to a jelly donut that has been squeezed hard enough to allow jelly to squirt out the side.  After the MRI, my client received several epidural steroid injections in his low back over the course of several months that did not provide any appreciable improvement from pain.

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You would think with increased technology relating to crash avoidance in cars such as forward collision warning (sensors determine distance and speed between vehicles and warns driver with audible alert of potential collision), auto brake, lane departure warning and lane departure prevention (track vehicle position within lane via camera and alerts driver), adaptive headlights (headlights pivot around curves and corners based on speed and steering wheel movement to illuminate the road ahead), park assist and back over protection (sensors and cameras help avoid crashes during park and backup maneuvers), adaptive cruise control (forward sensors maintain a forward safe gap between your vehicle and the vehicle in front of it while maintaining a variable cruise control) and blind spot detection (sensors that monitor nearby cars that enter your lane), that traffic related fatalities in Georgia would be on the decrease. However, according to the Georgia Department of Transportation (GDOT) study, the number of persons killed in car wrecks has actually increased by 12% for the first time in nine years.  According to statistics, 704 people died on Georgia roads through August 2014 and in 2015, that number increased to 791.  To put that in perspective, the statistics for traffic fatalities in the country have increase 14%. Previously, the GDOT saw a decrease in fatalities every year for almost the past decade.

The question becomes what is the reason(s) behind the alarming increase in traffic fatalities?  The GDOT believes there are several factors, including less expensive gas, better economy and distracted drivers, among others.  However, the GDOT maintains that the majority of the fault lies with people that operate vehicles while distracted, including texting, tweeting, checking emails, cell phone usage, eating breakfast/lunch/dinner and makeup.  As most of us know, it is illegal to text and drive in Georgia.  Yet, a good number of drivers still drive and text on the roads of Georgia.

I was interviewed by the Atlanta Journal Constitution for an article dated March 27, 2007 regarding a 2007 new DeKalb County law that allowed for a citation up to $500.00 for drivers whose “improper” use of a mobile telephone was deemed to be a contributing factor to a collision.  In that interview, I discussed my contention that such a law would be difficult to enforce and prove by the investigating police unless the offending motorist admitted it (not likely) or an eyewitness saw it.  The investigating police do not have the financial means and time to subpoena the cell phone service carrier to determine if the motorist was on the phone at the time of the wreck. Additionally, some motorists contend that even if they were on the phone, they were using a Bluetooth system which was hands free and did not constitute a distraction.  Since that time, there is a statewide law against texting and driving.  However, the problem remains as to enforcement and proof.

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Today, around 3 p.m. PST, Bruce Jenner, was involved in a rear end collision in Malibu, California. For those who are unfamiliar with Mr. Jenner, I like to think of him as the amazing Olympian that won the gold medal in the decathlon at the 1976 Summer Olympics that was held in Montreal. As child in the 70s, I remember him being on Wheaties cereal boxes and several small appearances in the CHiPS television show. And, he has reached celebrity status in the Kardashian TV series and most recently, an alleged (but unproven) desire to obtain a sex change.

Unfortunately, Bruce made the news today for being involved in a rear end crash that killed a fellow motorist in the land of beaches and sun. Apparently, the wreck occurred as Bruce was trying to elude up to 5 paparazzi that were following him on Corral Canyon Road (not far from Pepperdine University). The initial information indicated that it was a chain reaction wreck that involved up to four vehicles. Yet, other reports indicate that Mr. Jenner rear ended a vehicle and pushed that vehicle into oncoming traffic, which directly led to the death of the motorist in that vehicle. The photos of the property damage to the vehicles are more than convincing.

Interestingly, there is a current law (AB 2470) in California that imposes criminal sanction and punishment upon paparazzi, including jail time, that engage in reckless driving or block sidewalks in pursuit of celebrities. Whether or not any paparazzi are charged in this tragic incident remains to be seen. What is clear is that an innocent non-celebrity/non-paparazzi human lost his/her life over poor choices to be the first to post photos/video of Bruce on a celebrity gossip site.

Rear end collisions are the most common collision in the State of Georgia. Yet, they do not regularly occur escaping the wrath, greed and speed of the paparazzi. Currently, the State of Georgia does not have a statute on the books pertaining to paparazzi causing car crashes in our state. However, the movie industry has been gaining traction and footholds in the state (e.g. Atlanta, Senoia and Savannah) and filming and producing television and movie content due to favorable tax treatment and other perks. Recently, the director, location scout(s) and related staff of a movie starring Robert De Niro and Zac Efron came to my home for a visit to determine if a room in the house was suitable for one of their scenes. By all accounts, the director and his staff were more than pleasant, extremely professional, and profusely grateful to tour the home. While Georgians hear or read of movie and TV stars dining at familiar restaurants or drinking at familiar establishments, we have yet to see the development of paparazzi hounding our temporary stars on our roads. Thank God.
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Fortunately, I have never had the real life experience of seeing a wrong way driver at night on the highway. In the daytime, I have seen numerous wrong way drivers in cities with many one-way streets, like downtown Atlanta and Savannah, but I did not feel threatened as these drivers were traveling fairly slow and I saw that they quickly figured out their mistake without harming anyone. However, recently in Milwaukee, Wisconsin, a city that boasts the highest number of taverns per person in the country, a wrong way driver entered the eastbound lane of I-94 (a major highway) and traveled in the opposite direction and struck an innocent motorist in a head on collision. The collision happened at night and tied up traffic for two miles, and clearing the accident took more than five hours. Sadly, the wrong way driver passed away. The details are sparse and do not contain any information as to whether this wrong way driver was impaired by alcohol and/or drugs. Yet, at 8 p.m. at night, it is hard to believe that such a driver was guilty of simply bad judgment.

The question becomes…. what would cause a motorist to drive the wrong way on a major highway? I believe the answer is simple: drugs, alcohol or a combination of the two. Studies indicate that the incidence of wrong way drivers increases at night between 1-3 a.m. And, if you are driving by yourself at or around the same time on the highway, then by all means, avoid the fast lane on the far left as if your life depended on it…because it does. That’s because research shows that most wrong way drivers typically enter the far left lane and encounter little resistance…until they do…at a high rate of speed.

Some of these wrong way drivers have been drinking at their favorite bar, restaurant or club. I remember a collision that involved a fatality where the grossly negligent and inebriated driver had just left a “gentleman’s club” in Atlanta. He entered I-75 traveling the wrong way, struck an innocent motorist and both were killed in the ensuing crash. Based on receipts from his credit card and blood alcohol test, it was determined that the at-fault driver had just left the topless bar and was heading home seriously intoxicated.

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I grew up watching Disney on the television channel at 6 pm in the 1970s. It was always a treat and Walt Disney World seemed like a magical place that was a world away from Wisconsin. And it was. Located in Bay Lake, Florida, near Orlando, Walt Disney World was roughly 18 hours and 23 minutes away (1,250 miles) via I-65 South and I-75 South. At the time, most middle-class families traveled by car and we were no exception.

I remember our first trip to Walt Disney world – it was long and somewhat boring – down the asphalt heading South. I was too young to drive and I remember falling asleep for at least one-quarter to one-half of the trip. The free glass of orange juice at the Florida Welcome Center when we crossed the Florida state line was welcomed.

Fast forward to the present. A family of eight from Terrell, Texas decided to make their dream trip to visit Walt Disney World and attempted to make the 16 hour and seven minute trip of just over 1,000 miles. Of the eight occupants in the Chevrolet Tahoe, six were ejected, and five died, including parents Michael and Trudi Hardman, and children, Dakota, 15, Kaci, 4, and Adam, 7. The six family members that were ejected were not wearing their seatbelts. However, the driver of the vehicle, a 16-year-old, did wear his seatbelt and survived.

At the time of the crash, the family had traveled roughly 240 miles east of their starting point. The teenage driver, whose name has not been released, admitted that he fell asleep around 10:30 p.m. The SUV had veered left onto the median when the teenager woke up and overcorrected the vehicle while attempting to get the SUV back on the highway. Consequently, the vehicle rolled over.
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A former client of mine was operating his work vehicle in a safe and prudent manner in the early morning on August 19, 2014 in a southerly direction on Interstate 985 when all of a sudden he felt like a bomb had exploded both above and in his vehicle. In reality, my client’s van was struck by a small boulder that an adult threw from the Athens Street overpass above. The boulder struck the driver’s side front door which caused the entire window to shatter as the boulder traveled along the side of his van. If the boulder had come just a little bit closer to the front windshield or the driver’s side window, then I think I can say with certainty that my client would have been severely injured. The incident made national news.

Unfortunately, my client was not the only victim. Unbeknownst to him, a group of three to four men had voluntarily elected to throw heavy boulders at another vehicle below roughly one half hour later. In fact, one boulder had struck another vehicle as it entered the moon roof window and destroyed the back seat of the car. If an infant had been placed in the back seat of that car, then surely the infant would have perished.

Richard Elliot of WSB TV Channel 2 in Atlanta decided to interview my client in my office the day after this event. Mr. Elliot and I had actually met in the past regarding a separate newsworthy event and I had no concerns in allowing him to speak to my client. WSB TV aired the segment the night of the interview. In retrospect, the television segment was important in that it alerted the public and warned others from engaging in such a dangerous activity in the future.

As for the group of men involved in this incident, the Gainesville police had arrested two of the four men, Khyrie Harris, 21 and Juan Peterson, 18, and charged them with felony criminal damage and terroristic acts shortly after the incident. At the time of this blog, the police were still searching for Kendrik Perry, 19 and Michael Ellis, 21.
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Have you ever seen road rage occur while are you driving on the roads of Georgia? It is not uncommon in Atlanta and is usually demonstrated by creative finger gestures, motorists following another bumper to bumper for an extended period of time or vocal comments out the window toward another motorist. Sometime these actions result in automobile crashes – but at least the motorists are protected by seat belts, air bags and steel. Now, consider road rage between a bicyclist and a motorist. By most standards, the bicyclist has little protection except a helmet. Can you imagine an intentional collision by a motorist upon a bicyclist? I would think the end result isn’t pretty and usually involves a serious injury to the bicyclist.

On June 9, 2014, our imagination became reality for one Greg Germani, a 50-year-old bicyclist in Atlanta, who was the apparent victim of road rage by a motorist intending to hurt, harm and hit the biker. The impact occurred in Morningside, an area of in-town Atlanta that is well known for leafy streets and attractive homes. Witnesses have stated that there was a verbal altercation between Mr. Germani and the unknown motorist moments before the collision and that Mr. Germani was found underneath a silver SUV after the impact.

As of the date of this blog, the driver of the red Dodge Nitro SUV that collided with Mr. Germani is unknown and still at large. However, a red Dodge Nitro that matched the description of the vehicle involved in this crime has been located which exhibits evidence of property damage (possibly front and right side) consistent with a collision with Mr. Germani and his bike. This vehicle has been impounded. The police should be able to determine ownership of this vehicle by a VIN and tag search. Unless this vehicle was stolen, I would imagine that the owner of this vehicle will be subject to thorough examination by the police. And, the search continues for the driver…

It has been reported that Mr. Germani has been released from the intensive care unit at Grady Hospital where he was in critical condition and has been moved to Kindred Hospital, a post acute care facility, for further evaluation and treatment. Germani’s family hopes to relocate Mr. Germani to the Shepherd Spinal Center in Atlanta, which is a noted medical facility known worldwide for its brain, spinal treatment and rehabilitation. Due to state and federal privacy laws, Mr. Germani’s exact medical condition is unknown. Yet, one can safely assume that he suffered either a closed head and/or a spinal injury due to this crash. For his sake and the sake of his family, we certainly hope that he recovers fully.
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So, you have been in a car or truck accident. How do you obtain the police report? Assuming that your wreck occurred on public property, an officer has investigated the collision, made findings, assigned fault and provided you with a business card as to where/when/how you can retrieve your report after it has been finalized by the supervising officer. In the past, the report could be ready in three to five days by physically driving to the investigating police station, paying anywhere from 50 cents per page to a flat fee of $5.00, and providing your name, date of collision and site of collision to the records department. Usually the report was picked up by the at-fault and innocent parties, and perhaps their attorney and/or auto insurance company.

Nowadays, the process of obtaining an accident report has dramatically changed. And, the parties involved in that process are new–and determined to make a profit. Specifically, about four years ago, the Georgia Department of Transportation entered into a contract to sell crash reports to a for-profit, foreign corporation based in Kentucky identified as Appriss. This company operates and runs Buycrash.com.

Accident reports through Buycrash.com sell for $11.00 per report. Although state law limits the cost of such reports to the actual price of preparing the report. However, I find it hard to believe that the cost of preparing the report is more than twice the price than it was in the past. But, there are more players involved at each step of the process than gets a cut of this $11.00 buy: Georgia Department of Transportation, the specific investigating police entity and Appriss. Reports continue to arise that Georgia motorists and passengers feel they are misled as who exactly makes money from this site. The exact procedure of how the $11.00 is carved amongst these three (3) entities is unknown; however, it has been reported that local referring police agency to the website receives a sum of $2-$5 per report downloaded at Buycrash.com.

Prior to Buycrash.com, Georgia taxpayers were spending approximately $900,000.00 on an annual basis for the Georgia Department of Transportation (GDOT) to prepare, manage and make over 380,000 reports available. Since the public-private contract with Appriss, Georgia has eliminated about 20 associated jobs at the GDOT.

To use Buycrash.com effectively, the user must fit within a certain class such as: 1) an individual with a personal, professional or business connection to the party to the car/truck accident; 2) an owner or leasor of the property damaged in the accident; 3) a person injured or allegedly injured in the accident; 4) a witness to the accident; 5) the insurance company that insured the party to the wreck or the property damaged in the crash; 6) a prosecutor or law enforcement officer; 7) a person allegedly liable to a person for causing the accident; 8) an attorney investigating a criminal aspect of the accident or an investigation into a roadway, railroad crossing or unsafe intersection or 9) a representative of a news media organization.

If you fit within the class of users described above, then you still need to know certain information about the accident to input into the website to actually find the report. The information required is the last name of the party/parties to the wreck, the date of the collision and the identify of the investigating police organization (e.g. Clayton County Police Department; Georgia State Patrol Post 48). Once the correct identifying information is keyed into the website, Buycrash.com will pull the desired report for purchase by credit/debit card and present you with a high quality document to print and/or save to your computer.
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