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How many truck accidents happen a year?

Oct 7, 2019 | By Alex | Read Time: 2 minutes

It is a common question: How many truck accidents happen annually? How many semi-truck accidents per year? To answer, we can look to federal statistics. The Federal Motor Carrier Safety Administration (“FMCSA”) is a branch of the Department of Transportation. The FMCSA compiles an annual report on “statistics about fatal, injury, and property-damage-only crashes involving large trucks and buses.” The last report to be released was in 2017. The 2017 report concluded that there were 102,000 crashes with injuries involving tractor-trailers. There were 344,000 crashes with property damage only. A more detailed chart is listed below: Injury Crashes Collision with Vehicle in Transport 83,000 81.4% Collision with Fixed Object 10,000 9.5% Collision with Pedestrian 1,000 0.9% Overturn (Rollover) 5,000 4.7% Collision with Pedalcycle or Other Personal Conveyance 1,000 0.7% Collision with Parked Motor Vehicle 1,000 1.0% Collision with Train * * Collision with Other Object 1,000 0.6% Collision with Animal * 0.4% Explosion/Fire * 0.1% Jackknife * 0.1% Pavement Surface Irregularity * * Cargo Equipment Loss or Shift * 0.1% Other * 0.4% Total Injury Crashes 102,000 100.0% Property Damage Only Crashes Collision with Vehicle in Transport 261,000 75.8% Collision with Fixed Object 42,000 12.4% Collision with Pedestrian * * Overturn (Rollover) 7,000 2.0% Collision with Pedalcycle or Other Personal Conveyance * * Collision with Parked Motor Vehicle 20,000 5.9% Collision with Train * 0.1% Collision with Other Object 4,000 1.1% Collision with Animal 6,000 1.7% Explosion/Fire 1,000 0.2% Jackknife 2,000 0.4% Pavement Surface Irregularity * * Cargo Equipment Loss or Shift 1,000 0.2% Other 1,000 0.3% Total Property Damage Only Crashes 344,000 100.0% These numbers may not be fully accurate as they are based, in large part, on publicly reported information to police. Therefore, the property damage claims, in particular, may be lower in this chart than actually occur. If you’re involved in a truck accident, you will likely need a truck accident attorney. At Weatherby Law Firm, P.C., we defend truck companies. We also represent folks who are genuinely injured after an accident. By steeping ourselves in truck accidents, we are able to provide our plaintiff and defense clients with quality representation. Contact us for a free consultation.

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Can You Sue a Scooter Company like Bird or Lime?

Sep 30, 2019 | By Alex | Read Time: 2 minutes

There have been a major rise in serious scooter accidents in Atlanta, Georgia, over the past year. Apparently unannounced, large scooter companies, like Bird and Lime, brought tons of scooters to Atlanta and placed them in public locations. People downloaded the app and began scooting around town. We can understand why too: Atlanta’s streets are congested and scooter riding can be fun. The downside, though, is that a scooter crash is almost always serious. There is no protection between you and the ground. The scooter’s go really fast (over 20 mph) in some places. Although they advise wearing a helmet, the scooter companies know that hardly anyone carries a helmet around so they can ride a scooter. This has tragically resulted in numerous fatal scooter accidents. The CDC has issued a study on scooter related injuries. In less than three months in Austin, TX, the CDC identified 271 people with potential scooter related injuries. Of these people, 190 were confirmed to have a scooter injury. Many of the injuries were severe: “almost half of the injured riders in this study sustained an injury to the head. Of these injured riders with a head injury, 15% reported or had evidence suggestive of a traumatic brain injury.” As Atlanta Brain Injury Lawyers, we know just how horrific a traumatic brain injury can be. This year, we settled a case for the Policy limits of $700,000 which included a traumatic brain injury for a child. These are serious cases with real world implications. That brings us to the key question: Can you sue a scooter company like bird or lime after an accident? Like many things in law, the answer is: it depends. The scooter companies have very lengthy contracts which serve to benefit them and not their riders. Most likely, your best bet at a successful lawsuit against the company themselves is if something is defective with the scooter which was not readily apparent to a user. For example, if the brakes stop working, the ignition sticks, the wheels fail, etc. In these instances, the scooter company would be hard pressed to argue that you assumed the risk of equipment. It will be a fact intensive determination. Even if you cannot sue a scooter company, you may have recourse if you are involved in an accident with another person. This type of lawsuit would proceed under the negligence standard. This means that you would need to prove that the other person caused the accident by acting in a manner not up to the standard of care. A knowledgeable Georgia attorney, like us, can help you navigate all aspects of your Atlanta Scooter Accident, including these. We specialize in Atlanta truck accidents, bike accidents, brain injuries, spine injuries, and other catastrophic injuries.

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Are personal injury settlements taxable?

Sep 24, 2019 | By Alex | Read Time: 2 minutes

Some parts are taxable and some are not. A settlement for personal injury may include the following elements (a) pain and suffering, (b) medical expenses, (c) lost wages, (d) emotional distress, and (e) punitive damages. Each of these are treated differently for tax purposes. Generally speaking payments for pain and suffering are not taxable. IRC §104(a)(2) excludes from taxation settlements “on account of personal physical injuries or sickness.” Accordingly, payments for pain and suffering related to personal injury are not taxable. Likewise, payments for medical expenses are not taxable “if the taxpayer has not previously deducted her medical expenses.” See prior cite. Thus, if you have deducted your medical expenses from treatment, this portion may be taxable. Somewhat surprisingly, lost wages are also considered to be payments “on account of personal physical injuries” and are not generally taxable. This is limited to payments of lost wages for time in which the plaintiff was actually out of work due to their injury. If the plaintiff was out of work for another reason unrelated to the injury, this would be taxable. There are unique rules for emotional distress claims. The IRS states that these are excludable from income only to the extent the payments exceed the out of pocket medical costs. IRC §104(b)(6). This means that payments above and beyond the amount that the plaintiff actually incurred for treating the emotional distress would be taxable. Punitive damages are also exempted from the definition of excludable income in personal injury settlements. Punitive damages are not awarded to compensate the plaintiff for an injury. They are awarded to punish the defendant for egregious conduct (defined often in the law as intentional, wanton, or reckless indifference to the consequences). Because of this, the IRS does not treat these payments as stemming from the personal injury. An example may assist in understanding. Let’s assume that Plaintiff A is injured in a car accident with Defendant B. Plaintiff A sues Defendant B for personal injuries, pain and suffering, medical expenses, lost wages, emotional distress, and punitive damages. After litigation, the case is settled in the following amounts: Pain and Suffering: $10,000 Medical Expenses: $5,000 Lost Wages: $2,500 Emotional Distress: $2,500 Punitive Damages: $5,000 Total Settlement: $25,000 Applying the foregoing general principles, the $10,000 for pain and suffering and $2,500 for lost wages are not taxable (assuming the plaintiff actually missed work due to their injuries). The punitive damages are clearly taxable. The taxability of the medical expenses and emotional distress claims depends on more facts. If Plaintiff A had previously deducted these medical expenses from their taxes, then the payment is taxable. If Plaintiff A had not deducted these medical expenses form their taxes, then the payment is not taxable. The Emotional Distress payment is only excluded to the extent Plaintiff A incurred medical expenses for the emotional distress claim. As you can see, it gets kind of tricky. Although we have handled hundreds of Atlanta truck accident, Atlanta brain injury, Atlanta spinal injury, Atlanta pedestrian accident, Atlanta wrongful death, Atlanta bike accident, and other cases, we are not tax professionals. Before filing your taxes, you need to seek the advice of a competent accountant to assist you with managing the settlement of a personal injury claim. Contact us today for a free consultation.

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Who can sue for wrongful death?

Sep 16, 2019 | By Alex | Read Time: 2 minutes

One of our areas of focus is helping families recover for the death of a loved one. We have handled numerous wrongful death claims, received one of the largest wrongful death verdicts in the history of the state, and recovered millions more for fatal accidents in Atlanta. As a Georgia fatal accident attorney, we are very familiar with the statutes that govern wrongful death claims in Georgia. One of the most fundamental (and confusing) rules govern: who can file suit for wrongful death? It is easy to see how this could cause hardship. For example, if a father does not want to pursue a fatal accident claim, but a child does. Another example, if two children disagree on how to proceed with a wrongful death claim. There are three statutes that governs, generally, who has the power to bring a wrongful death claim. The right to bring a wrongful death claim is governed by three statutes, O.C.G.A. § 51-4-2; O.C.G.A. § 51-4-4; and O.C.G.A. § 51-4-5. These statutes establish an order of priority for who can assert a wrongful death claim, absent some unusual circumstances. The order is as follows: A spouse has the first right to bring a wrongful death claim. If there is no surviving spouse, the children of the decedent may bring a wrongful death claim. If the decedent has no surviving spouse or children, then the decedent’s surviving parents have the right to bring the wrongful death claim. If no one else is entitled to bring the claim, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin. There are some important exceptions to this rule. For example, a parent that totally abandoned their child may not bring a wrongful death claim. Also, if a person who is in the line of priority refuses to assert a claim, there may be a path for folks later down the line of priority to assert the claim. This is only one of the many somewhat different and tricky rules that apply to wrongful death accidents in Georgia. That is why it is important to hire an experienced fatal accident lawyer in Georgia. Contact us today for a free consultation.

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How to find the best Atlanta truck accident lawyer?

Sep 10, 2019 | By Alex | Read Time: 2 minutes

When you are in a tractor trailer accident, finding the best Georgia tractor trailer accident attorney is important. But, what is the “best”? The truth is: there is no “best” attorney. There are, however, attorneys who know the ins and outs of Georgia tractor trailer accidents and those who do not. It can be difficult for a potential client to know the difference. Here are a few tips when hiring a tractor trailer accident attorney: Experience: Because truck accidents are different, an attorney needs to have experience as truck accident lawyers. In our firm, for example, we have handled many truck accident cases. We have defended large trucking companies. We have prosecuted cases against trucking companies. As a result, we know how to handle your truck accident case and put you in the best possible position. Any attorney you hire should have extensive real life experience in truck accident cases. Knowledge: There are unique standards that apply to truck accidents. Because of that, a dedicated Atlanta truck accident attorney will often publish material to educate the public on truck accidents. For example, we have multiple blog posts dedicated to helping the public understand Atlanta truck accidents. Information like this shows that the attorney knows the unique standards that apply. Initial Consultation: Many truck accident lawyers offer free consultations. During this consultation, you should evaluate the lawyer too! Ask your lawyer specific questions about their experience in truck accidents. Discuss with the lawyer how many truck accident cases they have handled? The results in those cases? Reviews: Good attorneys generally receive good reviews. That is why we pride ourselves on the reviews we have obtained from other attorneys and former clients. Checking Google reviews can be a great source of information for how quickly your attorney will handle your truck accident case. Truck accident cases are often serious. That is why it is important to hire an experienced Georgia truck accident attorney. Contact us today for a free consultation.

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How Do I Know if I Have a Good Personal Injury Case?

Sep 4, 2019 | By Alex | Read Time: 2 minutes

If you or a loved one has been involved in an accident resulting in a serious (what we in the law label “catastrophic”) injury, one of the most challenging conversations to have with an attorney is the potential for recovery in your case. The most important thing is for you to get better, and, at the same time, there is a need to honestly assess your ability to recover money for your injuries. How do you do that? We often use the analogy of a three-legged stool. In order for a stool to stand, it needs at least three legs. Similarly, a personal injury case (regardless of it is a brain injury, trailer wreck, bike accident, spine injury, or fatal accident case) requires three things. Liability: The accident must be due to someone else’s fault. For most catastrophic injury cases, the other party is required to have done something wrong in order for you to recover. This is not true for certain products liability cases, where there is “strict liability” or liability just because the accident happened. But, in a typical Atlanta tractor-trailer accident, for example, the truck wreck must be caused by the truck driver for there to be a recovery. Damages as a Result of the Accident: The accident must have resulted in some injury to you. Having an accident, by itself, is not enough to recover financially from another party. There must be damages. In a personal injury case, this means there must be something physically that happens to you, as a result of the accident. For example, in an Atlanta brain injury case, the damage will be the diminished mental function, lost wages, medical expenses, and quality of life, of the plaintiff as a result of the accident. Solvency: The Defendant must have a resource that the plaintiff can recover. There is nothing sadder in our practice than when a person who is really hurt or a family of a wrongful death accident comes to us, and the Defendant has no source of recovery. Unfortunately, the Defendant has to have some funds (like insurance or property) for the plaintiff to a recovery. If any of these three “legs” are not present, the personal injury case (like a stool) cannot stand. If you think you have a truck wreck, fatal accident, pedestrian accident, bike accident, or catastrophic injury case, a knowledgeable Georgia attorney needs to review it to tell you for certain what you can and cannot likely recover.

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Is an Atlanta truck accident lawyer different from a Atlanta car accident lawyer?

Aug 29, 2019 | By Alex | Read Time: 2 minutes

A Georgia truck accident attorney is different than a Georgia car accident attorney. The differences present themselves in a number of ways. Experience: A good Atlanta truck accident lawyer has experience in lawsuits with trucking companies. For example, our firm has been involved in hundreds of tractor-trailer crash cases. We have handled cases from pre-suit, through trial, and appeal. This experience is key because the rules governing truck accidents are different. Rules: A different set of rules applies to a Georgia truck accident. The Federal Government heavily regulates the commercial vehicles, including bus, dump truck, garbage truck, deliver trucks. The Federal Motor Carrier Safety Administration (“FMCSA”) is a federal organization that sets the standards for big trucks. The regulations are huge and take a lot of time to understand. That’s one reason having an experienced Georgia truck accident attorney is important. Evidence: Because the regulations are different, the evidence that is potentially important is different. For example, a truck driver has driver logs that he is generally required to fill out each day. These logs may tell you how long the driver has been working to be sure that he is complying with the rules. The truck itself also has a lot requirements, like how many millimeters, the brakes are allowed to move when applied. Claims: The potential claims that a person injured in a tractor-trailer wreck in Atlanta has is different. For example, while in most cases the injured party cannot sue the defendant’s insurance company directly, the injured party can in a truck accident. Knowing this and other potential claims can significantly affect the value of the case. Defenses: There are also unique defenses in a truck wreck case. For instance, the truck driver may use expert testimony from an engineer or a former police officer. These experts can review the evidence at a scene and determine which party was at fault. These experts can also look at the truck and trailer to determine if it complied with the regulations. The attorneys in our firm specialize in tractor trailer accidents, and routinely represent tractor trailer companies and injured parties. We have the experience. We know the rules. We have the experts. We provide free consultations.

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Interview in VoyageATL Magazine

Aug 26, 2019 | By Alex | Read Time: < 1 minute

VoyageATL magazine interviewed Alex Weatherby about the start of his legal career and what we do at the firm. “The most important thing for us is providing quality legal services to those that need it most, in the areas of catastrophic injury, truck accident, fatal accident, class action, and professional malpractice.” Check out the full interview here.

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Investigating Death by Dehydration of Cobb County Inmate

Jun 12, 2019 | By Alex | Read Time: < 1 minute

The AJC recently featured an article on a case that we’re investigating concerning the death of a Cobb County inmate, Reginald Wilson. Mr. Wilson, who suffered from a mental health disorder, died of dehydration while imprisoned at the Cobb County jail. The final report by Cobb County has not been released to his family, despite the fact that Mr. Wilson died nearly 6 months ago. All inmates have a constitutional right “to receive medical treatment for illness and injuries, which encompasses a right to psychiatric and mental health care….” Cook v. Sheriff of Monroe County, 402 F.3d 1092, 1115 (11th Cir. 2015). We are continuing to investigate this matter intently. Helping folks like Reggie’s family is the most meaningful part of being a lawyer.

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$700,000 Settlement in High Speed Police Chase

May 1, 2019 | By Alex | Read Time: < 1 minute

Our firm, along with several others, secured a $700,000 settlement in a high speed police chase for our clients. This is the maximum allowed by law. We are not revealing the names of our clients for their privacy. Although we secured the maximum recovery possible, this was a tragic case involving seriously injured children. High speed police chases should be avoided at all costs. On average, one person per day dies from a high speed chase, many of them innocent bystanders and some children. With today’s technology, there is minimal justification for such a chase, particularly when the offense is a mere traffic violation, like speeding, as it was in our case. Police officers generally have the tag information and can quickly track down an offender after backing off the chase. By engaging in a high speed pursuit, the police officer and the criminal’s cars become missiles on the roadway. A wreck at these high speeds often leads to serious injury or death. Under Georgia law, an innocent person injured from a high speed chase may have a claim against the police department. Even when engaged in a high speed chase, “the driver of an authorized emergency vehicle” is “not relieve[d]” “from the duty to drive with due regard for the safety of all persons.” O.C.G.A. § 40-6-6(d)(1). An innocent third party may bring a claim when “the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer’s decision to initiate or continue the pursuit.” Id. at (d)(2).

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