Atlanta Injury Attorneys Blog

When a case goes to court, both sides are supposed to present evidence to support the arguments they are making. In fact, evidence is one of the most important (if not the most important) aspects of a case. If there is no evidence, then it is impossible for the plaintiff to prove their case. So clearly evidence is crucial. However, there are some kinds of evidence that one of the parties will be in a much easier place to hold on to. For example, a business will be in the best position to access important business records. At some point, there is a time when a party is required to hold on to certain evidence. If you have questions of this nature, be sure to reach out to a Georgia car accident attorney.

Missing Tires

This case looks at when the duty to preserve evidence applies in Georgia. Here, the plaintiff’s husband was killed in a car accident. He was driving on Interstate 16 when a tread on his left rear tire detached. It allegedly caused him to lose control of the vehicle and his vehicle eventually flipped over. He was injured, and although he regained consciousness at the hospital he died before he was able to be discharged from the hospital. His wife filed this suit on his behalf.

At any given time, there are several laws that can potentially govern a situation. For example, if someone is in Atlanta, they will be governed by any laws and regulations that govern the city of Atlanta, but also the state laws of Georgia and the federal laws of the United States. An individual may also be subject to specific laws based on their conduct, such as traffic laws if they are driving. The rules around what laws apply in which situations can get pretty complicated, and your skilled Georgia personal injury attorney can help you figure out what laws apply in your situation.

The Supremacy Clause 

The United States Constitution contains a provision known as the “supremacy clause.” This clause states that when federal law conflicts with state or municipal laws, federal law controls. There are certain areas of the law that are usually left to the states to govern. Generally, when there is a car accident, state law will control. Part of the case law around the supremacy clause states that when it is an area that is typically governed by state law, any federal law that Congress passes on that topic will not supersede state law unless it was clearly intended to. Insurance is one of those areas where this applies. Thus, any federal law regarding insurance will only preempt state law when Congress has required the preemption.

Georgia Loses Noted Jurist

The news last week was not just about elections. We learned of the passing of former Georgia Supreme Court Chief Justice Harris Hines. He and his wife were traveling back to Cobb from choir performance of their young granddaughter. Somehow the SUV he was driving may have strayed out of its lane and flipped over. Thus far, the cause of this lane departure crash are not known. Chief Justice Hines passed away, but his wife survived and is expected to recover from her injuries. Justice Hines was an Atlanta native who attended Grady High School and Emory University. He had only retired this past summer after many decades of service. We have lost a great jurist and a fine man. This very sad Atlanta auto crash has left the legal community and the courts and his judicial colleagues in mourning. Across the state, tributes have been pouring in for this Georgia native who had a stellar career on the bench.

Single Vehicle Atlanta Crashes

Single vehicle car accidents are not something we consider often. These crashes can involve serious injuries or even fatalities as was the case in the tragic Atlanta accident involving our former Chief Justice Hines.

These accidents can occur in various conditions. For example, a single vehicle can end up in a road departure crash due to speed on a curve or due to distracted driving. Other causes can involve a sudden medical event such as a heart attack or stroke. Some of these crashes are the result of alcohol or drug consumption or distracted driving. Continue reading

Recently, I was a featured speaker at a National Business Institute educational program about auto injury litigation. This reminded me how important it is that drivers know what to do after an Atlanta auto accident. Some alarming statistics show why we should be concerned for highway and road safety. Georgia’s 2018 Labor Day reports indicate that twice as many lives were taken over this past Labor Day than in 2017. The Georgia Department of Public Safety maintains these statistics and has issued them to the public. Given the rise in serious auto accidents in and around our area, it is more important than ever that you know what to do and what not to do if you are involved in an accident.

Keep These Items in Your Vehicle

Most drivers know that they need to keep important documents in their vehicle in case of an accident or law enforcement stop. Registration and proof of insurance should always be at hand. If you don’t have a cell phone with a camera, put a disposable camera in your glove box. If you are involved in an accident are able to do so, take some photos of damage to your vehicle and that of the other driver or drivers. It is also helpful to take some photos of the scene. Only do this if it is safe to do so. Other items that are helpful to keep in your car or truck include a first aid kit, flashlight and flares in case you need to warn other drivers to use caution.

What to Do After an Accident

Accidents can be disorienting and sudden. You could have suffered injury after an auto crash and not know it. Once you are not in harm’s way, take a moment to collect yourself and remain calm. If you are able to get out of your vehicle safely, do so. If other vehicles are involved, check on the driver and passengers in case they need medical support. Call 911 for help if that is the case. They should also be checking on you. If your vehicle is operable, move your vehicle off the road to the shoulder if at all possible. Continue reading