Georgia Personal Injury Law Blog : Atlanta Georgia Injury Lawyer & Attorney : Jason R. Schultz Law Firm : Wrongful Death, Malpractice, Car Accidents : Georgia

The death rate from automobile accidents in Georgia over the New Year's holiday was exactly as the State Patrol expected. The Georgia State Patrol had estimated that there would be 20 deaths between the 20^th of December and 3rd of January, and that's exactly how many deaths have occurred. The numbers of people who have been injured in accidents across the state were significantly below what the Patrol had predicted, however – 870 injuries as against the prediction of 1350 by the State Patrol. There were a total of 3008 accidents that took place over the New Year's holiday week, and 17 of those involved fatalities. 

The accident and death rate statistics over the New Years' have also been more encouraging than the statistics over the Christmas weekend which were aggravated by the poor wet weather conditions plaguing much of the state. 24 people died as they traveled across Georgia to meet up with family and friends over the Christmas holiday, a count that was much higher than the State Patrol's projected estimate of 19 deaths. Many of the fatal accidents could be attributed to wet weather that had left roads slick and slippery. Several accidents, especially single vehicle ones could also be traced to alcohol use. These tend to be the most frequent types of accidents over any holiday season, and reach their peak during New Years' which is arguably the biggest drinking holiday of the year. Over Christmas this year, State Patrol says they cracked down on a large number of drunk drivers. This is in spite of the all the pre-holiday anti drunk driving education programs that are conducted in Georgia.

Many accidents were also traced to the mechanical failure of cars that simply couldn't cope with the slippery roads. Interestingly enough, the floundering economy seems to have had a part to play in this. With many people out of jobs or extremely anxious about the status of their current employment, motorists have been less inclined to spend money maintaining their cars, such as replacing old worn out tires. Safe driving in bad weather requires that your vehicle be in top shape to take on the additional challenges.

Drivng in bad weather or during a heavy traffic holdiay season soesn't have to be the nightmare it is for law enfircement agencies.  A little extra caution and care while driving in heavy traffic or in bad weather can prevent most accidents.  As a Peachtree City car accident lawyer, I see all too ofter how negligence behind the wheel can cause injury or death to another motorist who may have been following all the rules of the road.  If you or a loved one has been injured in a car accident, contact a personal injury lawyer at my office for a free consultation or download a FREE copy of my book entitled "The Ultimate Guide to Accidents in Georgia".

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A man who died in an accident involving two pick up trucks near Hoboken has been identified as James P. Batten. Batten was driving a 2006 Toyota Tundra with his 34-year-old son Jason in the passenger seat, when his pick up collided with a Toyota Tacoma driven by Kendall Aubrey Willis.

According to this report, the accident occurred when Willis fell asleep at the wheel of his pick up. His truck veered over the center line and into the west bound lane and incoming traffic, where the Tacoma crashed into the Batten's pick up. Batten swerved to avoid a collision with the other pick up, but Willis' truck slammed against the other vehicle, sending it into a ditch, and overturning it. While the older man died, his son sustained minor injuries in the accident. Willis suffered serious life threatening injuries, and is currently recovering at the hospital.

This isn’t the first time we've had an accident occurring because one of the drivers dozed off at the wheel. Unfortunately, drowsy driving is a major cause of accidents across the country, causing approximately 100,000 crashes every year, and is also one of the most underestimated causes.  At least 1550 deaths are caused each year by these accidents.   The numbers, although alarming, may actually be just the tip of the iceberg. It's harder to monitor drowsy driving than it is to book a drunk driving offender. There's no technical equipment available to ascertain the levels of fatigue and drowsiness the motorist was driving under. Plus, motorists may not reveal the truth about their drowsy state at the time of the accident. The actual number of deaths caused by people driving when they should be counting sheep in their sleep may actually be higher than the above mentioned statistics. 

Data shows that drowsy driving may be more prevalent than we imagine. A responsible driver might think twice about driving under the influence of alcohol, but since drowsy driving is not a crime in most states, it's considered more acceptable to be behind the wheel in a sleepy state than it should be. The effects of sleepiness are the same that alcohol causes, and can be just as dangerous. People who work in shifts, work long hours, or suffer from insomnia, sleep apnea, or other sleep disorders are more at risk for causing such accidents. Yet, New Jersey is the only state in the country that has specific laws against drowsy driving.  Georgia, like most other states, has no specific liability laws that apply to drowsy driving.

As an Atlanta car accident lawyer, I fail to understand why we continue to ignore what is a major risk to motorists on the road.  It's high time driving fatigued or drowsy was recognized as the menace it is so those that share the road can be spared needless deaths and serious personal injuries that occur each year.  

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      Exposed below are a number of myths about the insurance claims business that I have heard over the years:

1. If you write the insurance company a “reasonable” letter asking for a “reasonable” amount of money, you will get a “reasonable” settlement proposal. After all, insurance companies are generally “reasonable”, right?
2. If you are involved in a car wreck and the insurance company asks for a recorded statement, you must give them a recorded statement or they will not settle with you. (One insurer had the audacity to say as much in writing, threatening a potential client that if a statement was not given, coverage would not be provided - which is an outright lie) (BEWARE: most insurance policies do, however, require their own insured to give a recorded statement)
3. If you are involved in a car wreck and the insurance company asks for you to sign an authorization to obtain your medical records, you must sign it or they will not settle with you.
4. Your own insurance company has your best interests at heart and will help you with your personal injury claim or property damage claim. (Many insurers have been sued successfully for bad faith for failing to pay, or even advise, their own policyholders of diminished value claims and for systematically using inferior repair parts)
5. You need to get three estimates for the insurance company if your car is wrecked and you want to get it repaired
6. All lawyers who claim to “handle” accident cases have the same ability and experience to handle your case
7. The insurance company for the person who caused the wreck and injured you is obligated to pay your medical bills and lost wages as they come due. (FACT: 40% of the rear end car wrecks tried to a jury in Georgia result in a verdict for the defendant and the injured claimant receives nothing.)
8. Just because there has been an accident and it was not your fault, there must be some insurance company that will pay your bills, lost wages and injuries.
9. If a lawyer refers you to a doctor or chiropractor, that is a good idea.
10. Juries in Georgia are generous
11. It is a good idea to take out an advance on your case from any number of predatory lending companies to help you with bills when you are out of work due to your injuries (I can’t tell you all the horror stories I have heard, but here is one: A woman “borrows” $3,000.00 and 2 years later when her lawyer is trying to get her case resolved before trial, the vultures wanted $12,000.00 due to the compounded monthly interest charged, plus fees - - - Outrageous!).

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