Georgia Homeowners Responsibility with Pool Safety

attractive nuisance responsibility pool

Escaping the Georgia heat in a nice cool swimming pool is a great way to spend the afternoon during the summer months. But if you own a pool, you should be aware of your responsibilities to others with regards to pool safety to avoid liability.

So what responsibility do homeowners have to others when it comes to pool safety? Well, homeowners owe a dutyto those that they invite onto their property to keep the property reasonably safe. Therefore, if you own a pool and you have people or children over, you have a duty to keep the pool area safe and to try to help them if something goes wrong.

What many pool owners don’t realize is that they also have duties to other people that they haven’t invited over. While it is true that homeowners generally have no duty to keep a premise safe for trespassers, there is a major exception to this general rule when it comes to children that pool owners need to keep in mind this summer: the attractive nuisance doctrine.

THE ATTRACTIVE NUISANCE DOCTRINE IN GEORGIA

Under Georgia’s attractive nuisance doctrine, landowners do have a duty to prevent trespassing children from coming onto their land and being harmed by an “attractive nuisance.” An attractive nuisance is something that landowners should reasonably expect to attract children onto the land and that is dangerous. All Georgia courts are in agreement that a swimming pool is an example of an attractive nuisance.

This doctrine exists because courts have recognized that children simply don’t understand why they shouldn’t trespass onto land, and they often don’t appreciate the risk involved with attractive nuisances like swimming pools. Because of these factors, pool owners have a duty to take reasonable steps to ensure that children cannot trespass onto their land and be harmed by or in their pool.

Taking reasonable steps means limiting accessibility to the pool in a reasonable way. For instance, if a pool owner completely fences their yard and the gate is locked, they will not usually be liable for any harm that happens. Conversely, if a pool is unguarded or a gate is left open, liability could attach under this doctrine.

LIMITING ACCESSIBILITY TO POOLS CAN SAVE LIVES

According to the CDC, nearly 800 children under the age of 14 die and another 4000 are harmed in drowning incidences in the United States. According to the CDC statistics, most drowning deaths of young children occur in home swimming pools. For pool owners, the CDC recommends installing a pool fence “that completely separates the pool area from the house and yard.” The CDC also stipulates that “the fence should be at least 4 feet high,” and instructs homeowners to “use self-closing and self-latching gates that open outward with latches that are out of reach of children.”

CONTACT Williams Elleby Howard & Easter, FOR MORE INFORMATION

The attorneys at Williams Elleby Howard & Easter are well versed in personal injury and premises liability law. Williams Elleby Howard & Easter serves clients in Acworth and throughout Georgia. If you would like more information about this issue, contact Williams Elleby Howard & Easter, at 833-LEGALGA.

Jobsite/Construction Injuries

jobsite construction injured

Accidents happen every day at Georgia job sites, especially where construction is occurring. Construction sites are inherently dangerous – there is often heavy machinery in use, work being done many feet in the air, multiple laborers and contractors getting in each other’s way, and potentially hazardous materials strewn around the jobsite.

Contractors in charge of a jobsite have a duty to keep things safe for workers and for anyone else that might come on the site. If a contractor fails this duty and a person is injured, that person may have a negligence claim. When workers are injured, their claim will most likely be for workers compensation benefits.

COMMON CAUSES OF CONSTRUCTION JOBSITE INJURIES

  • This is the most common cause. Falls happen every day from ladders, rooftops, scaffolding, and other types of structures.
  • Falling objects. Whenever work is being done on multiple levels, there is a chance that something will fall down and hit someone.
  • Dust inhalation. There are many particles, irritants, and chemicals that are released into the air at construction jobsites, like asbestos, that are dangerous to continually inhale.
  • Carbon monoxide poisoning. At jobsites that are using a lot of gasoline powered equipment, if there isn’t proper ventilation, workers can get carbon monoxide poisoning.
  •  Workers are sometimes electrocuted by live wires or metal objects that have come into contact with those wires.
  • Machinery or power tool accident. Often these accidents are caused by operator error, but in other cases a jobsite is simply too busy or noisy, and a person unwittingly walks into the path of harm.

OSHA REGULATIONS

Workers at private sector construction sites in Georgia should also be aware of OSHA regulations. These federal workplace safety regulations are intended to prevent workplace accidents by implementing certain safety standards. At construction sites, OSHA rules work to prevent the types of accidents listed above. If workers feel that conditions are unsafe, they have a right to request an OSHA safety inspection. Employers are forbidden from retaliating against employees or contractors that request OSHA safety inspections or otherwise make a safety complaint.

CALL JOEL WILLIAMS LAW TODAY TO DISCUSS YOUR CASE

If you have suffered an accident on a jobsite, it is imperative that you understand your rights and get the compensation that you deserve. These types of cases can raise complicated legal issues and often involve hotly contested questions of fact. The experienced personal injury attorneys at Williams Elleby Howard & Easter, can help. The attorneys at Williams Elleby Howard & Easter can investigate your case, explain your legal rights, and give you an approximation of the amount of damages you may be entitled to.

Williams Elleby Howard & Easter is dedicated to getting justice for their clients in every case. If an opposing party or insurance company is disputing a claim or failing to offer fair compensation, the attorneys at Williams Elleby Howard & Easter will take them on in court. Attorney Joel Williams is consistently recognized as one of the best trial lawyers in Georgia. Williams Elleby Howard & Easter is based out of Cobb County and serves clients throughout Georgia. If you would like to discuss your case, call Williams Elleby Howard & Easter, for a free consultation today at 833-LEGALGA.

Jury Selection

jury selection trial civil

In Georgia state courts, parties have a right to a jury trial in civil matters. According to the Georgia Code, either party in a civil dispute may demand a panel of “competent and impartial jurors from which to select a jury.” The number of jurors is typically either six or twelve, depending on the estimated value of the case and the type of court in which it is being heard. If you are involved in a dispute that is heading towards a possible jury trial, it is imperative that you make sure you get a fair and impartial jury to decide your case.

CHOOSING THE JURY

Each party in a case is given the opportunity to question potential jurors and to strike a certain number of them that they don’t want on the jury. They may also ask the judge to strike jurors for cause if they appear to be biased in the case. This process of questioning and jury selection is known as voir dire.

Although neither party in a case has any right to have a particular person serve on a jury, they do have the right to strike particular people from serving. There are two ways that jurors can be struck from serving – by strikes for cause and by peremptory strikes. A party may peremptorily strike a juror for any reason, except to exclude them from the jury based on their race, ethnicity, or sex. However, each side only has a certain number of peremptory challenges that they can use. A lawyer should use their peremptory strikes to remove potential jurors that they feel may not be good for their client.

Parties may also strike jurors for cause when that juror is biased. Strikes for cause principally occur when a juror is related to a party, has a financial interest in the case, or when it appears for any other reason that they are biased in favor of one side winning. When a juror is related or has a financial interest in a case, a judge is required by law to strike that juror. However, in other cases of perceived bias, a judge may decide to reject the strike for cause challenge and let the juror stay.

Because fair and impartial juries are an essential part of our justice system, it is extremely important for attorneys to make a compelling case when they make a strike for cause challenge. It is also important to note that, although these strikes are unlimited in theory, judges will sometimes not like to allow too many of them. Therefore, a good attorney will use cause challenges carefully.

THE EXPERIENCED TRIAL ATTORNEYS AT WILLIAMS ELLEBY PROTECT THEIR CLIENTS’ RIGHTS DURING JURY SELECTION

The attorneys at Williams Elleby Howard & Easter understand the jury selection process. They know how to ask questions during voir dire and how to use their peremptory and for cause challenges to protect their clients. Many trials are often won or lost at the jury selection stage. The attorneys at Williams Elleby Howard & Easter take this stage of a trial very seriously. If you would like more information about this issue, please contact Williams Elleby Howard & Easter at 833-LEGALGA.

Importance of Uninsured Motorist (UM) Coverage

importance uninsured motorist coverage

It is never fun being in an accident caused by someone else’s negligent driving. Especially when that someone else doesn’t have insurance to cover the damages. Ideally, your car insurance policy includes an uninsured motorist clause providing you with UM coverage. 

What is UM Coverage?

Uninsured motorist coverage protects you in the event that you are involved in an accident with a driver that doesn’t have enough insurance coverage to pay for your damages. The term uninsured motorist thus refers not only to drivers that don’t have any car insurance at all but also to those that are underinsured by their policy to pay for damages caused in the car wreck. Moreover, most policies will also include protection for incidents in which the at-fault motorist flees the scene and cannot be identified. 

What Happens If I Don’t Have UM Coverage and I Get Into A Wreck With an Uninsured Motorist?

If you get in an accident with an uninsured motorist and you don’t have UM coverage, you will most likely be stuck with the bill. You can sue the uninsured motorist for damages, but this is rarely worth the effort. The vast majority of uninsured motorists simply won’t have the money to pay you. That’s probably why they didn’t buy a good insurance policy in the first place. Therefore, it is extremely important to know whether you are really fully covered by your UM policy.

Georgia UM Coverage Law

In years past, UM coverage was very weak in Georgia when it came to wrecks with underinsured motorists. Insurance companies only had to pay UM coverage if the amount of that coverage exceeded the at-fault motorist’s liability coverage. This often meant that people that were in accidents with an underinsured motorist were left with huge bills even though they had UM coverage.

For example, say a person had $50,000 of UM coverage, an accident cost $100,000, and the other motorist only had $50,000 of liability coverage. It would make sense for their UM coverage to kick in and pay the other $50,000. But under the old law, the insurance company wouldn’t pay a dime under the UM policy because the coverage didn’t exceed what the other motorist’s insurance paid.

In 2008, the Georgia legislature vastly improved the law by mandating that insurance companies offer policies that pay the full amount of UM coverage that a person deserves, regardless of the extent of the underinsured motorist’s liability coverage. Under this new type of policy, UM coverage “stacks” on top of any liability coverage paid by the at-fault motorist. Stacking policies are now the default UM coverage option, but people can opt-out in writing and take a traditional policy if they choose to.

Regardless of the type of insurance you think you may have, it is extremely important to identify all potential sources and amounts of insurance anytime you are in a serious automobile wreck in Georgia. In this “How To Video,” Attorney Chase Elleby explains the process for other attorneys.

If You Would Like More Information, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter highly recommends that drivers have UM coverage that “stacks” onto any liability coverage of an underinsured motorist. Having no UM coverage, or even having traditional UM coverage, leaves you vulnerable to huge costs if you get into a wreck with an uninsured motorist. Considering how affordable UM coverage is, it simply isn’t worth the risk. If you would like more information, or if you have been in an accident with an uninsured motorist and would like to better understand your options, call Williams Elleby Howard & Easter at 833-LEGALGA.

Defective Road Design/Construction

defective road design construction

Defective Road Design/Construction

On March 30th, 2017, a bridge on Interstate 85 collapsed in Atlanta. The bridge was weakened by a massive fire that was started in the underpass by a group of homeless people. The highway has just recently reopened. The arsonists were arrested. Although this event has been blamed on the fire, the collapse also raises questions about the quality of the bridge itself. And in fact, a subsequent investigation found that hundreds of Georgia bridges are “structurally deficient.”

Although Georgia actually ranks quite well in road quality—according to U.S. News and World Report Georgia ranks 9th in road quality among all U.S. states—there are still numerous problems with road design and construction in the state. When auto accidents occur as a result of deficient design or construction, victims may be entitled to compensation from the construction company or the government.

Common Road Design/Construction Problems

Common problems with road design and construction in Georgia include:

  • Damaged, confusing, or missing signs;
  • Missing lane markers;
  • Lack of proper maintenance;
  • Trees or bushes that obstruct visibility;
  • Unsafe curves;
  • Poorly constructed guardrails, or absence of guardrails where some are needed;
  • Defective bridge design;
  • Road or bridge deterioration due to poor materials used;
  • Unfixed cracks or pot holes;
  • Sloped driving surface; and
  • Debris or trash left over after construction is complete.

Bringing a Personal Injury Case in Georgia

Defective road design or construction claims are tort claims in which the plaintiff must prove that the construction company or government body owed them a duty, negligently breached that duty, and that the harm was caused because of that negligence. Governments have a duty to keep roadways safe, and construction companies have a duty to build safe roads. When either negligently fails to fulfill their respective duties, and accidents occur as a result, victims have a right to sue.

To bring a claim against state or local governments, sovereign immunity must be overcome. Simply put, the doctrine of sovereign immunity holds that governments are immune from lawsuits. However, under the Georgia Tort Claims Act, the state of Georgia waived this immunity for personal injury lawsuits. Municipalities in Georgia have also waived this immunity. Counties, however, have generally not waived sovereign immunity. Therefore, if you get in an accident on a country road, you most likely will not be able to sue.

If you are planning to sue the government for defective road design or construction, it is imperative to have a qualified attorney fighting for you because there are all sorts of special procedural rules that have to be followed. Proving your case will also require extensive and well-documented evidence. The attorneys at Williams Elleby Howard & Easter, have experience handling these types of cases and are here to help.

Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you would like more information about this issue or if you have been injured due to poor road design or construction, contact Williams Elleby Howard & Easter at 833-LEGALGA today to schedule a free consultation.

Four Basic Safety Tips for Summertime Activities in Cobb County

summer activities safety tips

Four Basic Safety Tips for Summertime Activities in Cobb County

There are plenty of fun, outdoor summertime activities. However, these activities come with inherent safety risks. It is important to be aware of these risks and limit your chances of suffering from a personal injury or worse. Here are four things you can do to keep yourself and your children safe this summer:

1. Stay Hydrated

When the weather gets hot, one of the most important things to do is to drink enough water. It sounds simple enough, but people often forget how important hydration is. Not only is being dehydrated bad for your health in a number of ways, but it can make accidents more likely. Dehydration can make a person lightheaded, tired, and mentally fatigued. That isn’t how you want to feel, especially if you are doing a physical activity outside that requires you to stay alert. Stay on the safe side and make sure you drink plenty of water this summer.

2. Prioritize Safety Around Water

Unfortunately, each year hundreds of people drown or require hospitalization from nearly drowning in Georgia. Practicing good safety when doing water activities, like swimming or boating, is extremely important. Some basic things to remember are to wear life vests, not to mix excessive alcohol with water activities, to be completely familiar with a body of water before diving into it, and to fully understand how to operate a boat before taking it out on the water. It can be easy when you are having fun to forget some of these things, but they are important. The Georgia Department of Natural Resources has published several helpful videos that discuss boating and water safety.

3. Check Conditions Outside and in Public Areas Before Enjoying Yourself

If you are going camping, to the beach, or enjoying time in a park, don’t assume that conditions will be safe. Take time to inspect things. Debris, trash, and natural conditions can all create potential pitfalls outside. Check park play equipment to  sure it is safe before allowing your children to use it. According to the CDC, “Each year in the United States, emergency departments treat more than 200,000 children ages 14 and younger for playground-related injuries.” Many of these injuries are due to equipment defects or other unsafe conditions. The owners of a playground – whether they are a public entity or private company – have a duty under Georgia premises liability law to keep the playground safe for the kids who use it.

4. Make Sure Your Kids Follow Safety Rules

Your kids should have some safety rules to follow when playing outside. They should understand which areas are off-limits and which areas are safe. Warn children about the dangers of going near busy streets or open bodies of water and be sure to have a conversation about the potential risks of unsafe behavior.

Contact Williams Elleby Howard & Easter, for More Information

If you would like more information about summertime safety, or if you or your child has had an accident and you think you may have a personal injury case, call Williams Elleby Howard & Easter at 833-LEGALGA.

Driverless Cars

driverless cars accidents

Driverless Cars

 

The era of the driverless car is upon us and commutes from suburb cities like Kennesaw and Marietta to Atlanta will likely see some interesting changes. This technology could revolutionize the way we get around by removing the work of driving.  What’s more, this technology has the potential to greatly reduce accidents by taking out the human-error component. Benefits aside, driverless cars present some fascinating legal implications.

The law must grapple with the policy of permitting and licensing these cars. For the most part, the trend around the country is that states are increasingly receptive to allowing driverless cars on the road. There is also the question of fault in the event of an accident. At what point are errors by a driverless car the fault of the operator? In other words, when a driverless car does something wrong, is it the fault of the car manufacturer or the person sitting inside?

Driverless Car Legislation

Only five states have passed comprehensive driverless car legislation. However, dozens of other states are considering such legislation, and it is only a matter of time before driverless cars are regulated across the country by a patchwork of state laws. In Georgia, Senate Bill 54 is currently being considered. This bill states that driverless cars must:

  1. Have an easy mechanism to give the operator control at any time
  2. Clearly indicate when the vehicle is operating in autonomous mode
  3. Can alert the operator if a technology failure is detected while the vehicle is operating autonomously
  4. Be capable of being operated in compliance with the uniform rules of the road

Driverless Cars and Accident Law

In March, 2017, a news article reported that a self-driving car used by Uber got in an accident in Arizona. Driverless cars may operate with computer-precision, but the people on the road can be erratic. As the article reported, “How machines respond to those behaviors, and whether they also engage in them, is something engineers still have to sort out.”

Determining accident fault is also something that needs to be sorted out. In the Arizona accident, the Uber car was at fault when it was on autopilot. It is possible that accident claims like this are best made against the manufacturer and designer of a car, perhaps as a product liability claim. However, it is also the case that the people riding in these cars maintain the ultimate control and could still bear responsibility.  So what happens if you get in an accident in Georgia with a driverless car? It is uncharted territory, but if you find yourself in such an accident, you should contact an experienced personal injury attorney to figure out how to best proceed with your claim.

Assuming driverless cars decrease accidents, we should also expect insurance rates to plummet. An increase in driverless cars could also popularize no-fault insurance, in which an insurer pays without considering fault. These are just a few of the legal and policy issues that the use of driverless cars poses.

If you would like more information about the legal impact of driverless cars in Georgia, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Distracted Driving is a Real Problem in Kennesaw, GA

distracted driving accidents deadly

Distracted Driving is a Real Problem in Kennesaw, GA

In 2015, the Georgia Department of Transportation released statistics showing an increase in fatal highway deaths, with roughly 100 fatal accidents occurring each month in Georgia. The statistics show that 60 percent of these accidents are single-vehicle affairs in which a driver simply ran off the road or into a median. According to news reports, some Georgia law enforcement officials refer to the growing highway fatalities as a “deadly epidemic.”

A major cause of deadly traffic accidents is distracted driving. The New York Times put together an excellent video showcasing some firsthand accounts and discussing research on the issue. According to the Times, text-messaging drivers are eight times more likely to be in an accident, and someone talking on the phone while driving is as likely to get in an accident as a person that has a legally-drunk .08 percent BAC. Overall, distracted drivers are four times more likely to be in an accident, according to the story.

Despite extensive research showing just how big of a problem distracting driving is, drivers continue to engage in behavior that causes them to lose focus on the road. People often underestimate the risk of talking on the phone, text messaging, or eating while they drive, or overestimate their ability to multitask. But with life itself at stake, practicing safe driving habits is crucial.

Common Habits to Avoid While Driving

  • This is probably the most common bad habit in Georgia and throughout the country. Texting while driving is extremely dangerous. Some research shows that texting and driving is “way worse” than drinking and driving. Texting and driving should always be avoided for safety reasons. Moreover, it is illegal to do so in Georgia and punishable by a fine.
  • Using apps or other phone functions. Equally dangerous is using your phone to access apps, music, or any other functions. For instance, one study suggested that the rising popularity Pokemon Go was causing more accidents on the road because game-obsessed drivers sometimes try to play as they drive. Like texting, using your smartphone while driving should always be avoided.
  • Talking on the phone. Research also shows that even hands-free cell phone conversations present a significant risk. Therefore, although hands-free calling is a safer way to communicate than texting, you should be aware that it still presents a risk on the road.
  • Eating and drinking. Some people eat and drink when they drive. In fact, at one time or another most people have probably tried to grab a bite or sip on a soda while behind the wheel. While there are some circumstances where this might be safe, you should never eat or drink anything that takes both hands, is messy, or can be easily spilled.
  • Any other multitasking. There are countless other ways a person could be distracted trying to multitask as they drive. Anytime you are taking attention away from your driving to do something else, it can be a problem and a safety hazard.

Be Safe: Focus on the Road When Driving

Driving isn’t a time to lose focus. As something most of us do every day, it is easy to get complacent. But paying attention and having good driving habits can save your life. If you’d like more information, feel free to contact the personal injury lawyers at Williams Elleby Howard & Easter, at 833-LEGALGA in Kennesaw, GA  today.

Negligent Security at Sports Venues

negligent security sports venues

Negligent Security at Sports Venues

On April 14th, 2017, the Atlanta Braves beat the San Diego Padres in their season home opener at the brand new SunTrust Park in Cobb County. Just three days later, the Atlanta Journal-Constitution reported that the first arrest had been made at new Braves stadium. The culprit was arrested for trespassing, obstructing a law enforcement officer, public intoxication, and assault.

Unfortunately, such behavior is not uncommon at sporting events. The alcohol, adrenaline, and passion that can make the events more fun also present the risk of helping escalate a situation to violence. Violent crimes and even deaths have occurred at sports venues. In one tragic case, a 22 year old Phillies baseball fan was beaten to death in the parking lot of the Citizens Bank Park in Philadelphia in the culmination of a fight that began over spilled beer.

Not only will fans occasionally get out of control, but some criminals also target large sporting events. The huge numbers of people available to victimize and the anonymity provided by large crowds make sporting events a tempting location for thieves. Keeping yourself and your property safe at sports venues is important. While you have a duty to look out for yourself, sports venues also have a duty to prevent crime from occurring in the first place.

The Legal Duty of Sports Venues to the Attending Fans

The duty of a sports venue to provide proper security for fans stems from premises liability law. In Georgia, the general premises liability rule is found in Georgia Code 51-3-1, which holds that “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Thus, a sports venue has a duty to prevent foreseeable harm to the attendants. Georgia case law has clarified that this duty includes taking reasonable steps to keep invitees safe from the criminal acts of third parties. As Georgia courts have put it, property owners are “bound to anticipate and provide against what usually happens and what is likely to happen.” Because acts of violence and theft are common at sporting events, sports venues have a duty to provide security to prevent such actions. But, importantly, a plaintiff will not be successful with the claim if the particular crime was unforeseeable.

A sports venue also has a duty properly hire security guards. The guards or company that the sports venue contracts with to provide security must be competent to do the job. A sports venue is liable under a theory of negligent hiring if it knew or should have known the security hired was not suited for the job.

What to do if You’ve Been a Victim of Crime at a Sports Venue

If you have been the victim of a crime at a sports venue, you should contact an experienced attorney to investigate your case. The sports venue may owe you compensation. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at (409) 389-1035 today to schedule a free consultation.

The Construction on I-85 and the Gas Line on I-20

construction I-85 I-20 Atlanta

The Construction on I-85 and the Gas Line on I-20

Work has begun after the massive fire in March that damaged Interstate 85 (I-85)—a major artery in Atlanta. Three northbound and three southbound sections—a total of 700 feet of road—must be replaced. The consequences of the fire have created a logistical nightmare for locals and tourists alike, given that on average, nearly 250,000 commuters drive that portion of the highway every day. Georgia Governor Nathan Deal said that the repair process will be arduous, partially because the bridge beams must be “cast, poured, tested, transported and individually installed.”

Officials expect that repairs will take up to several months. The Georgia Department of Transportation (GDOT) has committed to re-opening the bridge by June 15 of this year and most recently, its commissioner, Russell McMurry, has claimed that it will reopen before Memorial Day—May 29. Georgia is not shouldering these massive repair costs alone. The federal government has dedicated $10 million towards the cost of repairs.  The most recent update is that I-85 will be open for the morning commute on Monday, May 15th.

The main road closures include:

  • I-85 South at the Ga. 400 northbound ramp
  • 400 southbound is closed at Sidney Marcus Blvd.
  • Vehicles are forced off of the Downtown Connector onto I-75 North at the Brookwood split
  • I-75 South traffic cannot take the ramp to the I-85 North exit
  • Vehicles cannot access I-85 South from Chamblee Tucker, Shallowford, Clairmont, or North Druid Hills roads

Local officials have recommended that commuters opt for public transportation. For more information, the Georgia Department of Transportation (GDOT) hosts a progress update on I-85 construction every Monday at 3 pm. You can also find updates on the progress on GDOT’s site.

Buckling of I-20

Adding to the I-85 fiasco is the buckling of Interstate 20 (I-20). On April 17, just last month, you can see from this video that fissures suddenly formed on I-20—up to a height of three feet. Initially, the DeKalb County Police Department claimed that an underground gas leak had been to blame for the buckling of westbound I-20. Later, though, it was revealed that work crews had been pumping concrete into old gas lines that were no longer in use under the freeway. This action somehow caused a buildup of air pressure, which then forced the ground under I-20 to buckle.

Unfortunately, one motorcycle rider was severely injured by the buckling. DeKalb County Fire Rescue officials said that a motorcycle driver riding on I-20 at the time crashed into a large fissure and was launched off the bike, into the air. The rider’s motorcycle fell approximately 200 feet from where the highway fissure was located. The rider was hospitalized in critical condition.

Your Personal Injury Case

Just like the motorcyclist on I-20 who was tossed off his bike by the fissure caused by the pumping of concrete into old gas lines, construction activity can cause accidents that severely injure others. If you have suffered personal injuries in an accident caused by another person’s negligence, you may be entitled to compensation. Typical motorcycle or car accident injuries include:

  • head and brain trauma (traumatic brain injury, also known as TBI)
  • burns
  • broken or fractured bones
  • internal damage
  • spinal cord trauma
  • paralysis
  • lacerations or cuts

If you or a loved one has been hurt in an accident caused by the negligence of another person—whether a motorcycle accident or a vehicle accident in a construction zone—you may be eligible to receive compensation for your injuries. To schedule a consultation to discuss your case with an experienced personal injury attorney, call Williams Elleby Howard & Easter LLC now at 833 – LEGALGA.

Sources:

David Wickert and Ana Santos, How the I-85 Closure Will Affect Your Commute, The Atlanta Journal-Constitution, last updated 26 April 2017, https://www.ajc.com/news/local/how-the-closure-will-affect-your-commute/NdIt3EfGiquILjD6OJ1a1M/.

Georgia DOT to Host Weekly Status Update on I-85 Progress, Georgia Department of Transportation, 17 April 2017, https://www.dot.ga.gov/PartnerSmart/Public/PressReleases/I-85Closure-WeeklyStatusUpdate-4-17-17.pdf.

I-85 Rebuild, Georgia Department of Transportation, https://www.dot.ga.gov/BS/Projects/SpecialProjects/I85Bridge.

Kristen Reed, GDOT: I-85 Bridge to Reopen by Memorial Day, WXIA, 1 Mary 2017, https://www.11alive.com/traffic/i-85-collapse/live-gdot-updates-on-the-progress-of-the-i-85-bridge-construction/435654171.

Lauren Foreman, Alan Judd, and Raisa Habersham, 3 in Custody in Connection with I-85 Fire, Bridge Collapse, The Atlanta Journal-Constitution, 31 March 2017, https://www.ajc.com/news/traffic/custody-connection-with-fire-bridge-collapse/jq8EM2L0D3AIzyfYNIRS3O/.

Section of Freeway in Atlanta Buckles, Launching Motorcycle Rider Into Air, KTLA 5, 17 April 2017, https://ktla.com/2017/04/17/section-of-atlanta-interstate-buckles-launching-motorcycle-rider-into-air/.

Raw: Another Major Atlanta Highway Closes, AP News, published 17 April 2017, found on YouTube.