The accident has been widely reported in the news not only because of Blaylock's involvement, but also because it has been speculated that he may have been intoxicated at the time of the crash. In fact, a judge recently took his staggering six previous DUI arrests into account before setting a high bond for Blaylock.
]]> In a previous post on our blog, we explored the possibility of Blaylock suffering a medical event immediately before the crash, as suggested by his attorney. However, it was Blaylock's lengthy history of drunk driving arrests which caught this judge's attention. She set the former player's bond at $250,000. Should he bond out, he will still be prohibited from driving and will only be able to leave his house under specific conditions.The reason for the strict bond requirements is that Blaylock has a lengthy history of driving drunk, which he may have been doing on the night of the recent fatal accident in which he was involved. Rather than put the community at risk, the judge placed strict limitations on his bond requirements. Simply taking away his license would not have sufficed, since reports indicate that he was already driving without a license on the night of the accident.
People who get behind the wheel of a car after drinking too much have already made one extremely dangerous and reckless decision. Too often, however, they escape serious criminal penalties and end up repeating their behaviors. This is why many victims of a Georgia drunk driving accident choose to also pursue civil claims against these reckless drivers. Money cannot undo the devastation that is caused in these types of accidents, but it can serve as additional punishment for negligent behavior while also compensating victims and their families for damages.
Source: WSBTV, "Prosecutors detail 6 DUI arrests as judge sets $250K bond for former Hawks star," June 11, 2013
]]>Some drivers in Georgia will go to great lengths to stay connected while they are behind the wheel. Instead of simply putting a phone away and paying attention the road, people try to do both. Unfortunately, these attempts at multi-tasking often end in a serious car accident.
]]> In an effort to keep drivers from getting distracted behind the wheel, companies have been working hard to change the technologies available in a car. Most recently, car makers have been including sophisticated systems in vehicles that allow drivers to check email and send texts using voice commands.However, a recent study by AAA shows that these solutions are not making the problem much better. In fact, they suggest that drivers are getting mentally distracted by trying to navigate their communication systems. While they may not be holding a phone or touching a screen to type, their minds end up completely focused on sending or reading messages.
In states like Georgia, the use of a handheld phone while driving is not against the law. Texting while driving, however, is illegal. But no matter what form distraction takes, it can affect the way in which a driver operates a vehicle. When people are distracted, studies show that they scan the roads less frequently and cannot respond as quickly to changing conditions. This can put others on the road in serious danger of being injured in a car accident. One of the ways in which victims of these accidents can hold a driver accountable is by working with an attorney to pursue compensation for damages.
Source: TIME, "AAA Study Says Hands-Free Texting Is Still Distracting," Joan Lowy, June 12, 2013
]]>Daron "Mookie" Blaylock played in the NBA for over a decade, but also battled with alcohol and drug issues. He has a lengthy record of traffic violations as a result, but whether or not those things played a role in this most recent accident remains to be seen. It will be crucial to figure out what happened, as the accident resulted in the death of a 43-year-old woman.
]]> According to reports, Blaylock's vehicle crossed the center line while he was driving and caused a head-on collision with an oncoming van. The van was carrying a man and his wife. The man and Blaylock survived the crash, but the woman did not. An initial report on the investigation states that it did not appear as though Blaylock tried to brake or swerve to avoid the crash.The tragic event has many people wondering what could have happened in the moments leading up to the crash. Blaylock's attorney recently suggested that Blaylock suffered a blackout behind the wheel as a result of a medical condition, which is why he did nothing to avoid the crash.
Whatever the cause of the accident is proven to be, it is important for people not to lose sight of the victims in these accidents. Any accident that is caused by any person's negligence can often have a traumatic outcome.
In situations similar to this one, a person may choose to file a wrongful death claim on behalf of his or her spouse. Of course there is no amount of money in the world to undo the devastation caused in a fatal car accident, but damages can help a people recover from medical costs and compensate a family for the pain and suffering of a loved one.
Source: CBS News, "Mookie Blaylock Update: Ex-NBA star's lawyer blames fatal crash on blackout linked to medical condition, report says," Stephanie Slifer, June 6, 2013
]]>However, corporate executives, large shippers and trucking associations have a different perspective. These parties reportedly have been pushing for laws to increase the permissible size and weight of tractor trailers as a way to reduce their costs and increase profit. The move has many vocal opponents, including those drivers who would ultimately be tasked with operating the mammoth machines.
]]> A group of truck drivers recently spoke out against the proposed increases. One of their chief arguments is that driving large commercial-sized vehicles is already dangerous enough. They argue that adding bigger trucks that carry heavier cargo will only exacerbate the situation.As it stands, truck accidents in North Carolina and across the country are often devastating. The weight and size of the vehicles makes them very powerful and destructive if they crash. Adding extra weight may reduce costs for some parties, but at what cost?
Many times, truck crashes happen because of maintenance issues, a shift in cargo, blown out tires or operator errors. These same factors would still happen in the heavier trucks, but instead of 80,000 pounds of cargo being involved, there would be 97,000 pounds. This increase, according to truckers, is simply not worth the damage that it could cause.
Sadly, there are trucking companies that get caught up in making sure their business is profitable. Too many of them overlook safety requirements and hire unsafe drivers in the interest of saving some money, and may support legislative moves that improve their bottom line. These choices are often made at the expense of the victims who are injured or killed in a trucking accident.
Source: Land Line Magazine, "Supersized trucks? The professionals on the road say no," David Tanner, June 6, 2013
]]>In a crash between a person and a car, the fact is that a pedestrian generally suffers serious injuries. These often include broken bones, brain injuries and even paralysis. In some cases, the injuries prove to be fatal and a person is killed in the pedestrian accident. Georgia residents may have read about one such tragic accident recently.
]]> It was about 4 a.m. when a 53-year-old woman was walking to work. She was at an intersection when the driver of a van crashed into her. The woman was admitted to the hospital and was listed in critical condition. However, her injuries were so severe that she could not recover from the accident and she passed away a few days later.Reports do not identify the reasons why the van driver was not able to avoid hitting the woman. However, reports indicate that the driver was not charged in the accident.
In similar accidents, motorists who cause an accident with a pedestrian end up not facing any criminal charges for their actions. Sometimes there is not enough proof and other times an officer may simply decide not to charge a driver. This does not mean that a negligent motorist is not at fault for an accident. Victims of a pedestrian accident or their families can often pursue a civil claim against a driver as a way to hold him or her responsible for an accident.
Source: Forsyth News, "Woman hit by van dies," Alyssa LaRenzie, June 1, 2013
]]>A survey conducted by Allstate Insurance shows just how big of a problem speeding actually is in southern states, including Georgia. The survey suggests that as many as 56 percent of southern drivers are likely to have received a speeding ticket or other traffic citation. Drivers who are speeding cause about 200 fatal car accidents in Georgia every year and many groups are looking for ways to prevent serious wrecks from happening.
]]> Reporters at Georgia news station WXIA recently conducted their own analysis of how common speeding is on Georgia highways. They drove down I-85 and set their cruise control at the posted limit. They noted that drivers were racing past their vehicle and engaging in some reckless behaviors. Some drivers would pull up right behind the vehicle traveling at the speed limit, get very close to them and then quickly move over and pass the vehicle. This behavior understandably made the reporters feel very uneasy and as if they were driving too slowly.Some people think that increasing the posted speed limit is one way to address the issue of speeding. However, this approach would likely not be effective as drivers may simply feel as they can go even faster.
Drivers who speed increase the chances that they will get into an accident. And the faster a person is going at the time of a crash, the more damage can be caused in a crash. Police officers try and enforce speed limit laws, but the possibility of a traffic citation is not enough to discourage people from speeding. In cases when a reckless driver has caused an accident, one way to hold them accountable for damages is to take legal action. Not only can civil charges punish a negligent driver for an accident, but they can also result in compensation for the victims who have been injured.
Source: digtriad.com, "Southerners Have A Need For Speed," Cami Marshall, May 24, 2013
]]>During Memorial Day weekend, folks across the state will be heading out to the water to enjoy some relaxation. Whether people are fishing, waterskiing or just enjoying a boat ride on the lake with friends, Georgia police want to remind boaters that it is also unlawful to operate a boat while intoxicated.
]]> There have been too many accidents that happen on the water which are completely avoidable. Like a drunk driver in a car, a drunk boater can make poor decisions which can result in serious injuries or death. Because reflexes and cognitive functions can be greatly impaired by alcohol, a drunk boater can end up causing a collision or an accident that ejecting other boaters and passengers from the watercraft. Many of these people suffer injuries or they can even drown in the water.According to the Georgia Department of Natural Resources, there were 12 people killed in boating-related accidents in Georgia last year, and there were about 118 accidents that occurred. Despite the 180 people charged with boating under the influence (or BUI), there were many people who drove drunk and hurt others.
Before heading out onto the water, people should be aware that the limit for BUI is now the same as the level for DUI. If a boater has a blood alcohol concentration of more than 0.08 percent, he or she is legally considered to be intoxicated. In the event that one of these drunk boaters causes an accident, victims have the right to pursue compensation from that party for damages related to medical bills, lost wages and pain and suffering.
Source: The Augusta Chronicle, "Baab: Enjoy Memorial Day on the lake, but do so responsibly," Bill Baab, May 23, 2013
]]>We often hear about criminal charges that a reckless driver faces after an accident. Some of these charges can include vehicular manslaughter, reckless driving or drunk driving and can result in prison time for the driver. However, as one Georgia family recently learned, it can take some time for criminal charges to be filed.
]]> It was about a month ago when a man apparently crashed head-on into another vehicle, which was being driving by a 24-year-old mother who had her two children in the car when the accident occurred. The woman and her 5-year-old daughter were killed in the crash, and the woman's 6-month-old son was seriously injured.Reports suggest that the driver will face criminal charges eventually, but authorities are waiting to file charges until the driver, who broken his back in the accident, is out of the hospital. Police will often wait to file criminal charges in cases like this until a person is well enough to be out of the hospital. This delay can be even more frustrating for a victim's family who is already reeling from the accident.
Drivers may face jail or prison time and a permanent stain on their criminal record after an accident, but this may do little to help the families recover from a devastating loss. In cases where negligence caused an accident, surviving family members may file for compensation based on the loss of economic and intangible assets that a death has caused. Even though money can never replace a loved one, it can help to further penalize a negligent driver and help a family recover financially from the sudden and tragic loss.
Source: Times-Georgian, "Charges pending in wreck that killed two," Colton Campbell, May 16, 2013
]]>Because of the size and weight of commercial-sized vehicles, the damage that they cause in a truck accident is often horrific. Other vehicles that are hit by a truck are typically totaled and the people inside the car do not always survive the crash. The victims of these accidents often have no way to avoid getting hit by a truck, but there are ways to make sure a negligent trucker or trucking company is held accountable for the accident.
]]> Recently, two sisters from Georgia were killed in an accident with a tractor trailer. The girls were in the car with their brother and mother when the horrific accident took place. The family was riding in their car when traffic began to backup because of a crash that had taken place earlier. Stopped in a line of traffic, there was nowhere to go when the driver of an enormous truck came racing up behind them.The truck driver did not react quickly enough to the stopped cars and ended up crashing into the back of the family's car. Their car spun out and was hit by a second tractor trailer before finally coming to a stop. The driver of the car and her son were injured while a 17-year-old girl and her 13-year-old sister were killed in the crash.
In accidents similar to this one, investigations uncover various negligent and reckless behaviors that contributed to the crash. In some of them, a truck driver is drowsy, distracted or impaired and cannot react quickly enough to changing road conditions. In other truck accidents, it is determined that a truck has been improperly maintained and was not safe enough to be on the road.
In any event, it is crucial that reckless or irresponsible parties be held accountable for an accident. Victims of these accidents and their families know that there is no lawsuit or amount of money that can undo the damage, but holding a negligent trucker or trucking company responsible for the accident can result in compensation and getting unsafe drivers and equipment off the road.
Source: Rocky Mount Telegram, "Local sisters killed in Georgia traffic wreck," May 15, 2013
]]>As if hitting a person with a car was not bad enough, there are also a number of drivers who try to escape punishment for the accident by leaving the scene. They leave an innocent person injured on the street, sometimes without any way of calling for help. Generally, people who cause a hit-and-run accidents are driving while drunk or without a valid license. Holding these reckless drivers accountable for the damage they cause can be crucial.
]]> Recently, a young Georgia woman was crossing the street at about 1:40 a.m. when she was hit by one such reckless driver. According to reports, the 25-year-old woman was crossing the street when a car being driven by a 23-year-old man smashed into her. Instead of stopping the car to help his victim, the driver kept going and tried to avoid taking responsibility for the accident.Luckily, witnesses to the accident were able to record the man's license plate and reported the accident to the police. The driver was shortly apprehended and arrested. Police suspect the man was intoxicated because he had watery eyes, smelled like alcohol and could not perform the field sobriety test successfully. He is now facing charges of leaving the scene of an accident involving personal injury, failure to render aid and felony vehicular assault.
The woman who was injured suffered life-threatening injuries and was taken to the hospital to recover. Victims of accidents similar to this one often end up with significant medical bills and lost wages. Financial stress can add to an already-difficult recovery process, so it is important for victims to know that they have the right to pursue compensation from the party responsible for their injuries.
Source: The Tennessean, "Illinois man charged in pedestrian crash on Broadway," May 11, 2013
]]>This is why Georgia police officers are cracking down on citing drivers for reckless driving behavior before they end up causing a serious car accident. During the summer, people should be more relaxed, but sadly, summer is a time of year when officers say that car crashes and dangerous driving are unfortunately common.
]]> Counties across Georgia will be giving officers the resources they need to ramp up enforcement efforts when it comes to citing drivers who are drunk, speeding or driving aggressively. The increased enforcement is being called "100 Days of Summer HEAT." In two weeks, the crackdown will begin and will last for 100 days during a time when too many fatal accidents end up happening.People who drive too fast or those who are overly aggressive behind the wheel can make some risky and unexpected decisions while driving. They weave through lanes, follow other vehicles too closely, miss or ignore traffic signals and generally put other people on the road in danger. With increased enforcement, hopefully many of these dangerous drivers can be taken off the road.
However, if a reckless driver does cause an accident that injures or kills an innocent victim, their behavior does not need to go unpunished. Victims and their families have the right to hold a negligent driver accountable for his or her actions and pursue compensation for the damages that have been suffered.
Source: CBS Atlanta, "Law Enforcement To Target Aggressive Speeders," May 6, 2013
]]>What some people may not know, however, is that there may be more than just one person responsible for these types of accidents. Sure, we know that a driver can be held accountable for a crash, but what about the party who over-served the drunk driver before he or she got into their vehicle? Are they also to blame?
]]> In Georgia, the answer is most likely yes. In this state, we have the Dram Shop Act in place which means that an establishment can be sued for serving more alcohol to an already-intoxicated person if that person then gets into a car and causes an accident.Unfortunately, a recent report indicates that the practice of over-serving a person is very common in many Georgia bars. But these establishments rarely face any consequences for violating the Dram Shop Act. Other states crack down on establishments that violate these laws and some even suspend a bartender's license if he or she has violated dram shop laws. Sadly, no such measures are planned in Georgia.
This means that victims will continue to be injured in accidents with drivers who have been over-served. If and when these devastating and painful accidents occur, victims can work with an attorney to pursue compensation from all negligent parties involved. This can include the driver, an establishment and other people who may have contributed to the crash.
Source: WSBTV, "2 Investigates: Ga. over-serving laws not actively enforced," Erin Coleman, April 30, 2013
]]>This does not mean that an accident is inevitable, however. A victim may not be able to escape injury in an accident, but there may be ways in which a negligent party could have avoided causing an accident. Authorities can generally discover that an accident could have been avoided in the first place, but too often these answers come after a person has been killed in a crash. This may be the case in a recent Georgia car accident.
]]> According to reports, a 47-year-old woman was driving her 16-year-old daughter to school when their van was hit by a flying tire. The tire had apparently come loose from truck that was traveling in the other direction on I-85. The tire flew over several lanes of traffic, soaring nearly 50 feet in the air according to one witness. It came crashing down right on the windshield of the woman's van.The mother was killed in the freak accident and her teenage daughter was understandably distraught as she yelled for help from the passenger seat. Witnesses say that there was no way the woman could have avoided the tire as they were locked in a traffic jam. Any maneuver to get away from the tire could have resulted in additional accidents.
The Georgia Department of Transportation reports that there were five fatal accidents caused by tire failure in 2009, though it is not known if or how many of the accidents involved flying debris from a tire.
It is not known if there was any way the truck driver could have prevented the tire failure that caused the horrific accident. It may be discovered that the driver was aware of tire problems and did not have it properly replaced. It may also be discovered that there was a defect in the manufacturing of the tire which made it more likely to come loose. In either of these cases, there may be a case for negligence and liability.
Source: FireEngineering, "DEADLY ACCIDENT; Driver killed by flying tire 'had nowhere to go'," Alexis Steves, April 27, 2013
]]>Unfortunately, there are many instances when companies hire unsafe drivers or drivers act recklessly behind the wheel. A recent tragedy was a brutal reminder of the devastation that can be caused in a truck accident when there is this type of negligence in the operation of a tractor trailer.
]]> The accident was reportedly caused by a Georgia trucker who failed to move over or slow down to avoid hitting a police officer who was stopped on the side of a highway. The officer's emergency lights were activated and the driver of the truck should have been able to move into the left lane or slow down. Instead, the trucker drifted into the shoulder and slammed his vehicle into the officer who was killed in the crash. The trucker was recently indicted on charges of reckless homicide and operating a commercial vehicle without proper licensing.Sources indicate that the driver should never have been allowed to drive the truck in the first place. He apparently suffers from a medical condition that can result in him losing consciousness, which is what the U.S. Department of Transportation believes happened immediately before the fatal crash.
It is bad enough when an individual driver behaves recklessly and irresponsibly behind the wheel. However, when a company supports that negligence by hiring uncertified or dangerous drivers, the problem is only made worse. In this case, the officer's widow has named both the trucker and his employer for the wrongful death of her husband.
Source: The State Journal-Register, "Georgia trucker indicted in State Police trooper death near Litchfield," Chris Dettro, April 24, 2013
]]>In fact, the U.S. Centers for Disease Control and Prevention estimates that of the 34,000 traffic fatalities that occur each year, about 4,000 of them involve a pedestrian. Many of these accidents happen because of a negligent driver who is distracted or refuses to share the road responsibly with a pedestrian. Because people who are walking or jogging are much less protected than people in a motor vehicle, it is often the pedestrian who suffers the brunt of the damage in a collision.
]]> A recent study was conducted that shows that senior citizen pedestrians in particular are far more likely to be killed in a pedestrian accident than younger people. Specifically, it reported that people over the age of 75 are twice as likely to die in a pedestrian accident as people who are younger than 34.Researchers say that even though seniors take fewer walks, they are much more likely to die from injuries that are sustained in a crash. There are a number of potential causes for why older people are more likely to suffer fatal injuries after an accident including frailty, existing health concerns and physical disabilities that may already compromise their health.
Motorists have a responsibility to drive safety and comply with traffic laws, especially when there are pedestrians or bicyclists around. Pedestrians of any age should be able to expect that they will be safe when they are on sidewalks or in marked crosswalks in and around Atlanta. When a negligent driver causes an accident with a pedestrian, the pedestrian is generally the one who suffers catastrophic or fatal injuries.
Source: WMBB, "Odds of dying in traffic accident increase with age," April 19, 2013
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