Atlanta Injury Attorney BlogToday we completed the deposition of the sister of a client who died in a accident with a tractor trailer in 2008. Many of our clients have questions about what a deposition is like as they consider whether to file suit so we will review the basic structure.
Elevator and Escalator Injuries and Accidents
Atlanta Georgia wrongful death lawyers come across a wide variety of tragedies as an unavoidable consequence of the nature of their profession. As the firm finished a demand package this week involving a 20 story elevator fall in Atlanta, we thought we would blog this week about some of the unique characteristics of elevator injury and wrongful death law in Georgia.
Over 20,000 elevator accidents occur every year in the U.S. Elevators qualify as a common carrier of people and are therefore subject to strict rules regarding their operation and investigation of accidents. For example, after a fall “[a]ny elevator … involved in an accident…shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority.” OCGA § 8-2-106(c)
When there is an accident or injury, the standard of care to be applied to the operator of the elevator is extraordinary care. The appellate courts in Georgia put it this way:
“(W)henever a carrier, through its agents or servants, knows or has opportunity to know of a threatened injury, or might have reasonably anticipated the happening of an injury, and fails or neglects to take the proper precautions or to use proper means to prevent or mitigate such injury, the carrier is liable. It is the common carrier’s duty to use proper care and vigilance to protect passengers from injuries by such persons that might reasonably have been foreseen and anticipated. Knowledge of the passenger’s danger, or of facts and circumstances from which that danger may reasonably be inferred, is necessary to fix the carrier’s liability in this class of cases. The carrier is not regarded as an insurer of his passenger’s safety against every possible source of danger; but he is bound to use all such reasonable precautions as human judgment and foresight are capable of, to make his passenger’s journey safe and comfortable.
How to Correct a Police Accident Report
As car accident lawyers in Atlanta, we get numerous callers telling us that the investigating police officer made out the report incorrectly. Everything from the color of the car being wrong, to vehicles going the opposite direction, to leaving out eyewitness information. Police officers who investigate car accidents in Atlanta are human and it happens.
What to Do When Health Insurance Requests Reimbursement
Here is our most recent video on what your rights are if your health insurance company asks your to reimburse them from a settlement or verdict after an Atlanta Georgia tractor trailer accident.
Do I Need to Repay Car Insurance Medical Payments to My Insurance Company?
After a car accident with injuries in Georgia, if you have medical payments coverage on your car insurance policy, it will pay for medical bills up to the policy limit amount, usually $1,000, $5,000 or $10,000.00. This money is a godsend and it is very wise to carry the coverage. Invariably we get clients asking “Do I Need to Repay Car Insurance Medical Payments to My Insurance Company?”
Facebook is the “Gateway Drug” to Sexual Misconduct so Missouri Teachers Banned From Facebook Contact With Students
The Missouri legislature passed a groundbreaking law that goes a long way towards increasing student protection from sexual predators but contains one section that will ban teachers and students from communications on Facebook through private accounts.
Under Section162.069: “By January 1, 2010… Teachers cannot establish, maintain, or use a work-related website unless it is available to school administrators and parents, or have a nonwork-related website that allows exclusive access with a current or former student.”
Georgia Dramshop Act Applies to Convenience Stores Again!
Our firm has handled numerous lawsuits against bar owners who have overserved drunk customers knowing the customer would likely soon be driving. This month, the Georgia Supreme Court rendered a positive ruling for the victims of these crimes.
When people are injured by drunk drivers in Georgia, the biggest challenge is often finding enough insurance to pay for the victim’s medical bills. These cases are brought in Georgia under the Dramshop Act, “dramshop” being a Little House on the Prairie era term for bar. Bars are the typical target but the laws also apply to any business selling alcohol to people who appear intoxicated and will likely soon be driving. Click on the photo to watch the oral argument by the Plaintiff’s lawyer before the Georgia Supreme Court.
What to Do When Car Insurance Companies ask You For a Recorded Statement
Many people who have been injured in car accidents in Georgia or on someone else’s premises find themselves approached by the other person’s insurance company and asked for a statement.
Ingenix and Healthcare Recoveries Health Insurance Reimbursement Requests after a Car Accident
If you have medical care paid for by a health insurance company after a car accident in Atlanta or anywhere in Georgia, you are likely to get a letter from ACS or Healthcare Recoveries asking that you reimburse the company if you get any settlement money. Like most of my clients, you may be asking, what are my rights and duties here?
Buckhead Lawyers Representing HERO Driver Struck on I-85
Our Atlanta tractor trailer attorneys are representing an Atlanta HERO truck driver who was recently struck on I-85 by a careless semi driver and I write this to point out the wisdom of hiring a lawyer early int he process. This accident was well covered by the local media and because the client contacted us swiftly, we have been able to lock down the news crew photos that show how avoidable this crash was.