Fatal Accident

After the loss of a loved one, the last thing a family wants to do is speak with a lawyer. This is especially true when the death occurred due to a traumatic event like an accident with a tractor-trailer, bus, dump truck, scooter or something else. Unfortunately, when there has been a fatal wreck, it is important for the family to hire a lawyer as soon as possible for several reasons.

First, in Georgia, until a preservation request has been sent, there is generally no requirement to preserve evidence. This means that information helpful to your case could be deleted unless an attorney sends a formal letter. For example, after an Atlanta tractor trailer accident, there may be nearby businesses that have video. This video may be deleted within a matter of days if the businesses are not aware that someone needs it. One of our first steps as attorneys is to send a “preservation letter” that describes the types of documents that must be held in case we need them in the future.

Second, often after a serious accident, insurance representatives will come calling—sometimes within a matter of days. They will often be seeking information concerning the death accident, any potential claim, the state of the family, and more. They may ask family members to sign documents. An experienced Atlanta wrongful death lawyer can help you navigate these issues.

Third, it provides peace of mind. The Atlanta, Georgia wrongful death accident lawyer can take some things off your plate. By speaking with police officers, the opposing party, the insurance companies, the doctors, the probate court, and others, the attorney can help you focus on what is most important: being with your family.

Our firm specializes in wrongful death accidents in Atlanta. We are driven to improve the lives of family members who have lost loved ones, with honor, efficiency and effectiveness.  We would be glad to provide you with a free consultation.

Pedestrians are vulnerable to injury. There’s little doubt when a pedestrian and a car or truck have an accident that the pedestrian will bear the brunt of the injury. Because of the risk of injury, pedestrians have a unique status in Georgia.

Georgia has statutes that, generally speaking, give pedestrians the right of way. One of these statutes, O.C.G.A. § 40-6-91(a), states “The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk….” Notice that this language in this statute is not permissive like “may” or “should.” The language is an order, the driver “shall stop.” O.C.G.A. § 40-6-93 likewise says “Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway….” This rule again says the drive “shall” avoid colliding with a pedestrian.

But, don’t go jumping out into the roadway just yet. There are exceptions to nearly every rule, including these. Georgia law requires pedestrians to exercise ordinary care while walking. Parker v. Welborn, 236 Ga. App. 344, 346 (1999).  This means a person walking has to act reasonably and watch for their own safety. There are statutory duties as well. These include the general duty to use a crosswalk, not dart into traffic, and not to cross traffic diagonally. O.C.G.A. § 40-6-92.

When there is an Atlanta pedestrian accident, whether the pedestrian has a valid claim for their injuries can be a complex case. Hiring an experienced Atlanta pedestrian accident lawyer is important. A lot of times it comes down to a detailed factual analysis of the roadway, the driver’s actions, and the pedestrian’s actions. An injured pedestrian in Georgia can only recover if they are less than 50% at fault. This is the same rule for any injured person in a Georgia truck accident, bike accident, or car accident.

We have recovered millions of dollars for injured pedestrians in Atlanta. We offer free consultations. We practice all over Georgia.

As we discussed in a prior blog, truck drivers have a lot more rules to follow than a standard driver. Tractor trailer operators are only permitted to drive a certain number of hours each month.  The purpose of these rules is to prevent drowsy driving. The general rules are as follows.  A truck driver may operate his vehicle a maximum 11-hour in a 14 hour period. And, a truck driver may operate his vehicle a maximum of 60 hours every 7days or 70 hours every 8 days. There are multiple exceptions to these rules that may apply (which could make up multiple blog posts on their own!). This post, however, focuses on what the log book is and why it may be important after a truck crash.

A log is the written document that a driver maintains to show that he is in compliance with the rules for hours of service. These logs are stored in a book or electronically.  In the book, the driver notes the time he is operating the vehicle, the time he is on duty but not operating, and the time he is off duty. Below is an example paper log book.

If after an accident sleepiness is thought to be a factor, the log book can be an important piece of evidence. It may show that the driver was in compliance or out of compliance with the hours of service rules. The log books are only required to be maintained for 6 months. It is important to send a timely preservation letter requesting the logs be preserved, if there is any question as to the driver’s on duty time.

As an Atlanta, Georgia truck accident attorney, we know log book requirements and how the rules may impact your case. At our firm, we provide free consultations.

When you or a loved one is in a Georgia truck accident, bike wreck, fatal accident, shooting, brain injury accident, or any other serious accident, one of the first steps your lawyer should take is sending a “preservation letter” or “preservation demand.” This is a formal letter that notifies the potential defendant that you plan to file a claim for the Atlanta bike wreck, for example, and what documents and other items the defendant is required to keep.  The reason a preservation letter is so important is that, generally speaking, a person is not required to maintain documents unless they have received notice of a claim.

Because we want to be sure that all the relevant evidence is preserved for our clients, one of the first steps that we take in any case is identifying the potential defendant, identifying the potential relevant items that they may possess, and sending a certified letter to the defendant stating that our client plans to file suit and the documents that we want preserved. The letter should be sent certified mail, so you can prove it was received. Once the letter is received, Georgia law requires that the relevant items be preserved. Baxley v. Hakiel Indus., 282 Ga. 312 (2007). If the item is not preserved and the circumstances warrant it, the Court can sanction (or punish) the person for failing to maintain the evidence. These punishments can even include striking of the answer, if the actions are egregious.

In our opinion, the preservation letter should be limited to the items that you really believe need be preserved. Some attorneys throw everything in but the kitchen sink. However, these kitchen-sink preservation requests are often unreasonable and, thus, it will be difficult to prove to a court that your unreasonable request was not complied with.

Here is an example list of items that we requested be preserved in a Atlanta fatal car accident. As you can see, the request is limited to the date of the accident, the vehicle, and the person involved. We also had information in this case that the defendant had posted key information on social media moments before the crash. Tailoring your request to the facts of your case is key in sending a good request for preservation.

….Please preserve the following materials:

• any and all videos for the date of March 28, 2016;
• the Dodge Magnum vehicle being driven by you at the time of the incident;
• any and all photographs for the date of March 28, 2016, including but not limited photographs of you, your vehicle, the injured persons, and/or of any person that supplied you with alcohol;
• your Facebook page, Facebook profile, Facebook videos, Facebook photographs for March 28, 2016;
• any and all of your social media accounts for March 28, 2016;
• any and all documents related to purchases of alcohol on March 28, 2016, including but not limited to receipts;
• any and all documents which would show alcohol purchased by or given to you on March 28, 2016;
• any and all documents which would show the name(s), address(es), telephone number(s), credit card information, or any other identifying information for person(s) who purchased alcohol for or on behalf of you on March 28, 2016;
• any and all documents which would show the name(s), address(es), telephone number(s), credit card information, or any other identifying information for person(s) who supplied you with the black Dodge Magnum;
• any and all documents which would show the name(s), address(es), telephone number(s), credit card information, or any other identifying information for person(s) who owned the black Dodge Magnum being driven by you at the time of the above-referenced accident;
• any and all documents or items that would show or relate to any information about the alcohol, drugs, or other liquids consumed by you on March 28, 2016;
• any and all employment records for you for your employer on March 28, 2016, including but not limited to your full and complete employment file;
• any and all documents reflecting communications on March 28, 2016, including but not limited to text messages, voicemails, and/or cell phone records.
• any and all documents reflecting communications relating in any way to the above-referenced automobile accident including but not limited to text messages, voicemails, and/or cell phone records.
• any and all other documents which may be related in any way to the above-referenced claims; and,
• any and all medical records resulting from your treatment after the Incident of March 28, 2016, including but not limited to the results of any alcohol or drug test.

If you are in an Atlanta fatal accident, truck crash, bike accident, scooter wreck, or any other accident resulting in serious injury, you should contact a reputable attorney quickly to ensure that all relevant evidence is preserved. At our firm, we provide free consultations.