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North Georgia Personal Injury Law Blog

In controversial, fatal accident, workers' comp may be awarded

Many companies in Georgia have implemented workers' compensation policies to protect their employees, as well as company rights if one of their workers gets hurt on the job. Whether or not people are awarded compensation depends on the nature of their accident, who was involved, whether or not they have utilized their policy the right way and whether or not they reported the incident within the designated window of time. 

In a recent story out of Naperville, Illinois, a police officer may receive workers' compensation of nearly $140,000 as part of a deal in a settlement for an accident that she was involved in earlier this year. Dashcam footage on the officer's vehicle is obscured after it shows a smaller passenger car pull out in front of the cruiser. Later on, the driver of that car was pronounced dead and was identified as a 73-year-old woman. 

Truck drivers and texting

Drivers in Rome likely understand that they face the threat of encountering other motorists who are texting on the road. Yet they may mistakenly assume that threat to only come from the drivers of standard cars, trucks and SUV's. Why would they think that one driving a semi-truck would so something that has been proven to be so irresponsible? If a regular motorist's reaction time is slowed when texting, one can only imagine how much more dangerous a trucker who is texting while behind the wheel may be. Indeed, information shared by the Federal Motor Carrier Safety Administration shows that truck drivers who text while driving are 23.2 times more likely to be involved in an accident. 

Are there reasons why a trucker would consider texting while driving? Some might say that they need to be in constant communication with their dispatch services, and that texting allows them to do so better than over a regular CB radio. Yet motor carriers themselves are forbidden by law from even creating a working atmosphere where it might seem like a driver texting during a route is acceptable. Sections 392.80 and 392.82 of the Code of Federal Regulations expressly prohibits motor carriers from allowing or requiring drivers to text or even use a handset while driving. Dispatch communications must be done in a safer way (no matter how antiquated some may view the available technologies to be). 

When a slip and fall injury is the fault of the injured

The theory of premises liability states that when a Georgia property owner fails to maintain his or her building or land, repair dangerous conditions and/or provide adequate warning for dangerous conditions, the courts may hold him or her accountable for any injuries visitors sustain as a result of the dangerous condition. The most common premises liability claims and lawsuits involve slip and fall injuries. Though premises liability law strongly favors plaintiffs, there are instances in which the courts hold the injured parties accountable for their own injuries.

According to George Code section 51-12-33, which FindLaw briefly outlines, Georgia abides by a modified comparative negligence standard. What this means is that the courts will not prevent a plaintiff from recovering damages for his or her role in an accident, but they will reduce the award amount by the percentage of fault a plaintiff assumes. If a plaintiff assumes 50 percent or more responsibility for the accident, then the courts may bar him or her from recovery.

How to know if an insurance settlement is fair

Like most residents of northwest Georgia, you live your life responsibly. Not only do you go to work every day and care for your family, but you also drive with care. Unfortunately, distracted truck drivers can bring your life to a standstill in a matter of seconds. 

Few accidents are scarier than those involving a large truck. Because your car is significantly smaller than an 18-wheeler, you may have significant property damage. You may also sustain serious injuries. While settling your insurance claim may be the right course of action, you want to be certain the settlement is fair. When determining whether the offer is too low, you must consider some factors. 

Achieving a permanent recovery from your repetitive stress injury

When you begin to recognize the symptoms of a repetitive stress injury, you may not immediately see it as a workplace injury. However, if your job requires you to perform the same functions repetitively and for consecutive periods of time, the pain you are experiencing can undoubtedly be caused by your job. At Comartie Law, we have helped many victims of workplace injuries in Georgia. 

Repetitive stress injuries can happen to you regardless of the industry you work in so long as you are required to complete specific tasks each day. These injuries can result from the constant manipulation of a computer mouse to the frequent lifting of heavy equipment. If your employer has not equipped you with the proper intervention to prevent injury, you could very likely be at risk of sustaining a repetitive stress injury. 

Car wrecks and the risk of miscarriage

Whether you are an expecting mother or your partner is pregnant, you may have a number of concerns related to pregnancy. Sadly, some people have had to suffer through terrible tragedies, such as the loss of a fetus. Moreover, car accidents can cause a mother to have a miscarriage and you may be going through these hardships yourself. Our law office knows that losing a child during a car crash can be very upsetting and some parents are never able to recover from the emotional pain that they endure following such a terrible accident.

A pregnant woman who is involved in a car wreck may be thrown from the vehicle or slam into something inside of the car, causing her to lose her baby. Even when a car crash does not result in a miscarriage immediately, it may bring on other difficulties. For example, a pregnant woman may become extremely stressed out in a way that endangers the health of her fetus. Moreover, even when someone who is pregnant does not lose their child in a crash, they may struggle with all sorts of other hardships that make their life very tough.

Signs of potential neglect or abuse in a nursing home

If you have an elderly relative living in a nursing home in Georgia, you will know all too well the importance of knowing that they are being well taken care of. Numerous families make the decision every day to move a parent, grandparent or other family member into a care facility for the exact reason that living in such a place may offer the best opportunity for proper care. Unfortunately, there are situations when being in the very place designed to care for a person exposes them to being neglected or abused.

As explained by Next Avenue, family members should be on the lookout for any number of things that may signal potential abuse or neglect. One of these things is a change in the demeanor or psychological state of your relative living in the nursing home. If they are not being treated appropriately, they may become withdrawn or even depressed in a way that is out of character for them.

Auto accidents and parked cars

Crashes happen on the road for all sorts of reasons, but some accidents are particularly unique. For example, some motor vehicle collisions involve a car that is not even moving. In some cases, a parked car may be involved in an accident because a driver parked their car poorly (or even on the road). In other instances, a reckless driver may veer off of the road and slam into a car that has pulled over for some reason or collide with a vehicle in a parking lot.

First of all, crashes involving parked cars can result in a significant amount of damage and it may be difficult for the owner of a parked car to figure out who struck their vehicle. These accidents can also be dangerous, however. Some people have been injured or killed after being struck from behind by a vehicle traveling at a high rate of speed while they were parked. As a result, if you ever have to pull your vehicle off of the road for whatever reason, make sure you turn your emergency lights on and try to find the safest place to pull over if you have to bring your vehicle to a stop.

The circadian rhythm and a truck-car crash waiting to happen

For the most part, commercial truck drivers are responsible professionals. However, if the big rig in the lane next to you begins weaving, you likely begin worrying.

That big rig is much bigger than your hybrid. Is the driver falling asleep at the wheel? Has the circadian rhythm kicked in?

Driving late at night after a long day

A person’s driving abilities may be affected by various factors, but there are times when driving is especially dangerous. For example, if someone rents a car and drives several hours to another part of the state for a concert, and they try to drive home immediately following the concert, they may be especially likely to cause a motor vehicle collision because they are extremely tired.

People can have very demanding, difficult days for many reasons. Some people have extremely hard days at work which leave them very fatigued, both mentally and physically. When someone feels so exhausted, their ability to drive safely may be adversely affected by their condition. Drivers who do so put their lives at risk as well as the lives of others, so it is crucial to avoid drowsy driving at all costs. From calling a taxi to taking public transportation, having a friend give you a ride or simply staying off of the road until you get some sleep, there are a number of ways that you may be able to prevent drowsy driving.

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Cromartie Law
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Rome, GA 30161

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