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Truck-Accident-can-I-sue-the-Company-Of-The-Driver-300x210If I am hurt in a car or truck wreck, is the company employing the at-fault driver liable for my injuries, or am I limited to suing the driver individually?  In most cases, the answer is “Yes, you may sue the company too.”  An injured party can sue the company as well as the driver, though there are exceptions.

If a driver is in the course and scope of his employment at the time he injures someone in a car or truck wreck, the company is generally liable for the injuries under the doctrine of Respondeat Superior.  This old Latin phrase translates to mean that the master is financially responsible for the wrongdoing of the servant.  In present-day Georgia, that principle exists to this day.  If the employer admits that the employee was on duty at the time of a collision, then the employer is also responsible for damages automatically if the employee is proven to be at fault for the wreck.  An experienced truck accident lawyer can help you in this instance. Continue reading

Do-I-Have-a-Traumatic-Brain-Injury-300x200Auto and truck wrecks make vehicle occupants vulnerable to head injuries.  Severity of a brain injury is classified according to the Glasgow Coma Scale.  The most mild form of traumatic brain injury is a concussion.  According to the Centers for Disease Control, concussions account for more than 75% of all brain injuries.

When most people think of the word “concussion,” they think of a minor head injury that can cause headaches that last a few days or weeks, with no permanent effects.  People think that a single concussion is not harmful, and only multiple concussions cause long-term damage, like those repeated head blows in sports like boxing and football.

New research indicates that this is not the case.  Concussions are serious injuries that can cause long-term permanent damage, even with only one occurrence.  When a car driver’s head hits the dashboard, headrest, airbag or another object, it causes the brain tissue to slosh around inside the skull.  Even a violent whiplash without any direct impact with an object can cause concussion damage.  Like any other soft tissue of the body exposed to trauma, the brain can respond by bruising (bleeding), tearing and swelling.

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Drive Defensively Around Tractor Trailers 

We all know that sharing the road with large trucks can be very dangerous. Large trucks, including tractor trailers, are particularly dangerous when they are traveling at a high rate of speed and are too close to the vehicles in front of them. We have all experienced it while driving on a highway. If you are in a smaller vehicle and large trucks are traveling along side you or around you, it is very important to drive defensively. We know that it is crucial to avoid the truck’s blind spots and to ensure that you are an adequate distance away from the truck. But sometimes there is no warning that a truck is driving too fast or too closely to your vehicle and there is no way to avoid being struck by one of these large vehicles. Tragically, this is exactly what happened on I-75 in Henry County, Georgia recently in a truck crash in which four souls were lost.

Fatal Georgia Truck Crash Leads to Criminal Charges

The fatal truck accident took place close to the exit of Georgia 20 and Georgia 81. An earlier accident had been cleared and traffic was still somewhat slower than normal due to this. One tractor trailer slowed just before coming to this exit, as did a pick up truck behind it. Unfortunately, another tractor-trailer did not slow down when the conditions warranted it and this third truck slammed into the pick up which in turn slammed into the back of the first tractor trailer. The pick up immediately caught on fire as it was hauling flammable pine straw.

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Attorneys Jim Poe and Charles Scholle of Scholle Law obtained a verdict of $14 million dollars on behalf of client Rosalind Johnson on May 21, 2019, following a week-long trial.  The case was heard before Judge Joe Iannazzone in Gwinnett County State Court.  Jury deliberations lasted nearly 8 hours.

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Rosalind Johnson, a Gwinnett County resident and career member of the US military, suffered severe and permanent bilateral eye damage during a neck surgery at Gwinnett Medical Center in November 2014.  Ms. Johnson was referred to a Gwinnett surgeon to perform a neck surgery in the prone position, meaning that the operation was performed with the patient lying face-down.  After Ms. Johnson was intubated and anesthetized, her body was flipped over and antiseptic skin prep solutions were applied to the back of her neck to pre-emptively sterilize the incision site.  These antiseptics included “Hibiclens” and “Chloraprep”, which both contain the active ingredient “chlorhexidine gluconate,” which causes severe damage to the eyes and mucosal tissues of the body if it is allowed to enter.  Chlorhexadine gluconate binds to proteins in mucosal tissues of the body, so it becomes impossible to remediate its effects after remaining for more than a few minutes.  Undetected by the anesthesia team or any other person in the operating room, the skin prep chemicals containing chlorhexidine seeped down the back of Rosalind’s neck to her face and into her eyes at the beginning of the surgery.

During an invasive neck surgery with a general anesthetic, the anesthesia team, consisting of an anesthesiologist and a nurse anesthetist, administers anesthesia and is responsible for eye protection.  The legal standard of care requires the anesthesia team tape the eyes tightly closed.  They also must watch the patient carefully to ensure that no skin prep chemicals get near the eyes.  The nurse anesthetist has primary control of the patient, while the anesthesiologist is the doctor that oversees and supervises the nurse anesthetist during the surgery.  Under Georgia law, an anesthesiologist can simultaneously supervise up to 4 different operating rooms, employing 4 different nurse anesthetists, but the anesthesiologist must be vigilant to ensure that his or her nurse subordinates know what they are doing and do the job correctly.

My-spouse-was-killed-in-a-Georgia-car-wreck-300x200Losing a husband or wife in a car accident is devastating in itself, but to have to worry about the legal consequences of this life-changing event in the context of preserving assets or evidence in order to protect yourself or your family can be overwhelming.

Most of the time, it is fine to wait a few days after the car accident to grieve and work out the funeral arrangements and arrange memorial services.  Because of the heightened duties for law enforcement to investigate a car fatality, the police or Georgia State Patrol should be performing a thorough forensic examination of the collision, including obtaining witness statements, taking pictures and video, reconstructing the wreck using computer simulations and examining the vehicles.  Law enforcement can work weeks to produce a complete accident report from a fatality wreck, as compared to the accident report from a non-lethal collision, which could be prepared and available in a few days.

Depending on the circumstances of the wreck, and who the parties involved are, the offending driver whose negligence killed your spouse could be more aggressive in trying to influence the police investigation.  While the police usually do a good job of limiting access to evidence, if the other side controls some evidence, even the police can miss it.

are-truck-accident-attorneys-different-than-car-300x205The simple answer is “Yes.”  Although most truck accident lawyer could handle a car accident case, most car accident attorneys are not competent to handle truck accident cases.  Why?  Because truck accidents are much more complex and require a greater skill set than car wreck cases due to three factors:

  1. Truck Drivers and Trucking Companies are governed by federal law, state commercial driving regulations, company policies and other industry standards that do not apply to regular, non-commercial car drivers.
  2. Truck Wrecks Often Result in More Serious Injuries than Car Accidents.
  3. Trucking Companies, Truck Drivers and Trucking Insurance Companies Fight Harder because the Stakes are Higher.

Let us look at why Truck Accident Lawyers Different from Car Accident Lawyers. Continue reading

who-is-going-to-fix-my-car-300x200Although most attorneys who work with car accident victims are personal injury attorneys, they often have experience in dealing with property damage issues.  As soon as you get in an accident, you should immediately talk to an experienced attorney who can help walk you through your property damage claim.  It is always best to have an attorneys advice when dealing with an insurance company to ensure that your claim is protected.  While there are many potential pitfalls in dealing with an insurance company, we have a lot of general knowledge about property damage claims that can apply in many cases.

Common Questions About Who Will Fix Your Car After A Car Accident

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can-a-chiropractor-treat-my-car-accident-injury-300x200Most plaintiff attorneys in a personal injury case have strong feelings about chiropractors and those feelings are usually not positive.  While a lot of people swear that their chiropractor makes them feel better, most insurance companies do not see chiropractic treatment as legitimate treatment and more importantly, final treatment.  Most often, our clients do not get a prognosis and treatment plan with an end goal in sight from a chiropractor.  While we won’t ever direct our client’s medical treatment, we do have an ethical duty to advise them that their settlement could be significantly affected by chiropractic treatment.

Why Chiropractic Care Doesn’t Always Provide The Highest Financial Settlement In A Car Accident

In order to understand why chiropractic care doesn’t always provide the highest financial settlement in a car accident personal injury case, let’s look at a client story.

medical-malpractice-300x200When people entrust their well-being to medical providers, they expect that the care they receive will be competent and will adequately identify and address any health issues they might have. It is a sad fact, however, that medical providers do not always provide sufficient care, and patients unexpectedly become the victims of medical malpractice. If you suffered harm due to inadequate or negligent medical care and wish to pursue a claim against your care provider, it is essential to choose an experienced Georgia medical malpractice attorney who will aggressively advocate on your behalf.

There are several factors you should consider in determining how to select the medical malpractice attorney that is best suited to represent you in your pursuit of damages. Generally, it is better to retain an attorney who has substantial experience litigating medical malpractice cases and understands the nuances and intricacies that come with such cases. Thus, a good question to ask a potential attorney is how many medical malpractice cases he or she has handled, and what percentage of his or her practice is devoted to medical malpractice. It is also important to ask questions about the specific circumstances surrounding your harm, and what damages you may realistically hope to recover. A capable medical malpractice attorney will be able to accurately assess your case and manage your expectations regarding its value. Additionally, it is important to ask questions that provide insight into the attorney’s demeanor and personality, to ensure that you feel comfortable with the attorney on a personal level. Continue reading

motorcycle-awareness-300x200Spring has arrived and as the weather gets increasingly warmer here in Georgia, there will be higher numbers of motorcyclists on our roadways, which in turn means more motorcycle related crashes.  And, according to the Atlanta Journal-Constitution, Atlanta drivers were ranked among the worst in the nation for 2018.  With this, it is more important than ever to maintain your situational awareness on the roads.

Given the relatively small foot-print of a motorcyclist as compared to other vehicles, they can be difficult to see, if not impossible, as they travel unwittingly through the blind spots of other drivers.  Motorcycles can therefore appear suddenly and seemingly out of nowhere resulting in precarious situations.  This certainly serves to underscore the importance of defensive driving for all of us. Continue reading

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