TOMY Recalls Munching Max Chipmunk Toys Due to Laceration Hazard

product recall children injured

On July 13, 2017, the TOMY toy company recalled nearly 10,000 “Lamaze Munching Max chipmunk stuffed toys.” According to the Consumer Product Safety Commission (CPSC), “Parts inside the toy can break creating a sharp point that can penetrate the surface of the toy, posing a laceration hazard.” There has been at least one child harmed by the toy so far. The recall number is 17-188, and more information about the recall can be found on the CPSC website here.

The CPSC reports that there are more than 250,000 toy related injuries to children each year treated in hospital emergency rooms. That’s roughly 700 every day. Manufacturers of toys and other children’s products have a duty to prevent their products from causing harm. This duty means that manufacturers must produce products that are safe for children to use, and that consumers must be warned about any potential hazards that a product presents. When manufacturers breach this duty, victims of harm can bring a product liability claim.

Heightened Standard of Care for Producing Children’s Products

If a person misuses a product, especially in an unforeseeable way, a manufacturer will not typically be liable. Under Georgia law, manufacturers must produce products that are “reasonably suited to the use intended.” When a person uses a product in a way that was not intended or expected, that misuse can usually provide a complete defense to a product liability claim.

However, Georgia courts also recognize that young children cannot be held to the same standard as adults. Young children lack the same level of judgment that adults are expected to have. For this reason, manufacturers of children’s products are expected to foresee that children will do all sorts of things with their products that were not intended. Therefore, manufacturers of children’s products have a duty to design and sell products that will be safe even when children misuse them.

Common Dangers Posed by Children’s Products

Parents should be aware of the common dangers that children’s toys and products pose and keep their children safe from them.

According statistics compiled by the CPCS, the most common dangers that children’s toys pose are:

• Choking or swallowing hazards from small detachable pieces, internal pieces such as magnets or speakers, or from plastic outer layers that can be easily removed from the toys.

• Straps or strings that can strangle young children.

• Balloons or plastic films that can cause suffocation.

• Lids on toy chests or other types of chests that can fall and trap, injure or kill kids.

• Electric shock from electric or battery powered toys.

For More Information, Contact the Products Liability Attorneys at Williams Elleby Howard & Easter

Georgia parents are entitled to buy toys for their children that are safe to use and free from defects. It is inexcusable for companies to sell dangerous products that harm Georgia children. The Kennesaw, GA personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting victims of defective products the compensation they deserve. If your child has been injured by a defective product, call Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Fiat Chrysler Recalls 1.33 Million Vehicles Over Fire, Air Bag Risks

fiat chrysler recall injured

The auto maker Fiat Chrysler has recently recalled a total of 1.33 million vehicles due to two separate issues. Nearly 600,000 Dodge Journey vehicles (2011-2015 models) were recalled because of faulty wiring that “could chafe against pieces of steering-wheel trim, potentially causing a short-circuit and ultimately leading to an inadvertent air bag deployment.” The company also recalled another nearly 600,000 vehicles because the alternators posed a fire risk. The vehicles with faulty alternators include 2011-2014 Chrysler 300s, Dodge Chargers, Dodge Challengers, and Dodge Durango SUVs, as well as 2012-2014 Jeep Grand Cherokees.

This recall comes just two months after Fiat Chrysler was forced to recall 1.2 million Ram pickups over seat belt and airbag malfunctions (the 2013-16 Ram 1500 and 2014-16 Ram 3500 models were recalled). In that recall, the New York Times reported that an internal investigation by Fiat Chrysler revealed that “a significant impact to the underside of Ram pickups could cause the computer systems to generate error codes that temporarily disable the safety equipment.” In other words, the safety mechanisms could fail during a car accident, when they are needed most.

Defective Products Cause Millions of Injuries Each Year

The problems at Fiat Chrysler are nothing unique. According to the United States Consumer Product Safety Commission, there were an estimated 38,573,000 injuries requiring medical attention that were related to a consumer product. Of these, there were approximately 36,000 deaths. Manufacturers of any products sold in Georgia have a duty to ensure that those products are safe to use. When consumers in Georgia suffer an injury due to a defective product, they can bring a product liability claim against the manufacturer or distributor.

Experienced Product Liability Attorneys Get Justice for Victims

When companies put dangerous products on the market and cause Georgia consumers harm, they should be held accountable. The experienced Kennesaw, GA product liability attorneys at Williams Elleby Howard & Easter, know how to investigate these types of cases, identify the best possible legal arguments to be made, and gather all necessary evidence to make sure that product liability claims are successful.
It is also important that victims get the compensation they deserve. Damages in a product liability claim can include compensation for medical bills, lost wages, and pain and suffering.

In cases where a company was grossly negligent or intentionally permitted a dangerous product to be sold, punitive damages may also be awarded. However, under Georgia law, when punitive damages are awarded in a product liability case, 75 percent of those proceeds are paid to the State of Georgia.

Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you or a loved one has been injured because of a defective product, it is crucial that you understand your rights. The personal injury attorneys at Williams Elleby Howard & Easter, can help you understand if you have a valid claim, and if so can work to ensure that you get the compensation you deserve. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the state.

Polaris Recalls Sportsman 570 ATVs

polaris product recall liability

Polaris Industries recently recalled just over 25,000 “Sportsman 570” ATVs after it was discovered that fuel could leak into the headlight pod of these ATVs, posing a fire hazard. There have been at least four instances where one of the ATVs caught fire as a result of the defect, although thankfully there have been no reported injuries so far.

The recall was announced on July 19, 2017, and the Consumer Product Safety Commission (CPSC) has reported that “consumers should immediately stop using the recalled ATVs and contact Polaris to schedule a free repair.”

Manufacturers must exercise a high standard of care when designing and manufacturing products. They must adequately test products to make sure they are safe, and must warn consumers about any possible risks. When manufacturers produce and sell dangerous products, victims of harm deserve to be compensated. Product liability lawsuits ensure that companies are held accountable when they put defective products on the market.

PRODUCT LIABILITY ATTORNEYS KENNESAW, GA

Many product liability cases arise because manufacturers fail to put the time and money into product development that is needed. In other cases, a company knows that a product poses a hazard, but fails to notify consumers because they don’t want sales to drop. In either case, is inexcusable for companies to put profits over the safety of consumers.

When companies try to cut costs and Georgia consumers are harmed as a result, the product liability attorneys at Williams Elleby Howard & Easter, work hard to hold them accountable and get personal injury victims the compensation they deserve.

Overview of Georgia Product Liability Claims

Under Title 51 Chapter 1 § 11(b) of the Official Code of Georgia, manufacturers of products sold to consumers as new are generally strictly liable to anyone that is harmed by a defect in one of the products. To win a strict liability claim under this statute, a plaintiff must prove beyond a preponderance of the evidence that (1) the defendant was the manufacturer of the product; (2) the product was defective when it left the control of the manufacturer; and (3) the product’s defective condition caused the harm.

Georgia product liability cases can generally be classified as either:

• Manufacturing defects;
• Design defects;
• Breach of express of implied warranty;
• Failure to warn of risks; or
• Failure to adequately test and inspect.

The recent Polaris recall is an example of a design or manufacturing defect. It is unclear whether the ATVs were designed defectively, or whether there was some error in the manufacturing process. In either case, under Georgia law, Polaris may be liable for any harm caused as a result of the defect.

If You’ve Been Injured by a Defective Product, Contact Williams Elleby Howard & Easter

If you have been injured due to a defective product, Williams Elleby Howard & Easter, can help you get justice. The Joel Williams personal injury legal team is based in Kennesaw, Georgia, and represents personal injury victims throughout the state. Williams Elleby Howard & Easter, offers free consultations, so call today to discuss your case at 833-LEGALGA.

Two Midtown Atlanta Accidents Separated by Hours

Atlanta car accident injured

Most of us drive every day without giving our safety much thought. It is easy to forget that driving an automobile is actually a life-and-death activity. In two recent accidents, drivers were extremely lucky not to have injured themselves or others.

As the Atlanta Journal Constitution reported, there were two separate car accidents that occurred just hours apart and within a couple blocks of each other in midtown Atlanta earlier this month. The single-car accidents occurred on Peachtree Street and on 17th Street, respectively.

The crashes occurred only blocks apart on busy streets. In one crash, the driver of a white Chevy Camaro lost control and smashed into a series of traffic lights. Eyewitnesses reported that it crossed over the 17th Street Bridge towards Atlantic Station at high speed before the driver seemed to lose control. Again, thankfully there were no other cars involved and no injuries in this accident.

Just two hours later, a Range Rover hit a tree, smashed through light pole located at a bus stop, and then crossed through an intersection. The Range Rover came to rest near a gas station on Peachtree Street. Thankfully, there was nobody present at the bus stop at the time, and no other cars were involved. The driver was uninjured.

It is, unfortunately, not surprising that two such accidents could occur so close together in time and place. In a traffic-congested city as large as Atlanta, accidents are all too frequent, especially when drivers forget or ignore the risks and drive recklessly as it appears the drivers in the accidents above did. Atlanta drivers, and drivers throughout Georgia, need to always keep in mind the risks and drive safe. And when accidents do occur, drivers need to be prepared.

Know What to do If You Are in an Accident in Atlanta, GA

It is crucial that you know what to do immediately following a car accident. The first thing you should do if you are involved in a serious accident is call 911. Under Georgia law, drivers that are involved in a wreck resulting in injuries, death, or property damage exceeding $500.00 are required to report the wreck to authorities.

If you are able to do so, you should carefully document the crash site with pictures, exchange information with the other driver(s), and talk to any witnesses. Following a crash, remember that anything you say to the other driver or to an insurance company can be used against you in a legal proceeding. Always be honest, but be careful about being apologetic.

Although not all cases require a lawyer, many do. Even when liability is not an issue, insurance companies will often attempt to offer compensation that is too low. If you’ve been injured in an accident, the experienced Kennesaw, GA car attorneys at Williams Elleby Howard & Easter, can help maximize your recovery.

Contact the Kennesaw, GA Car Accident Attorneys at Williams Elleby Howard & Easter, for More Information

If you would like more information about this issue or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation today at 833-LEGALGA.

Two Teens Killed in Gwinnett Crash

teens killed Gwinnett crash

Two teenage high school students were killed in a tragic auto accident on July 16th, 2017, on Lawrenceville Highway in Gwinnett County, Georgia. According to the Atlanta Journal-Constitution, three other people were injured in the crash. A crash report showed that the teenagers were speeding along Lawrenceville Highway in a Honda Accord when an SUV attempted to make a left-hand turn in front of them. Unfortunately, there wasn’t enough time for the SUV driver to make the turn and the two vehicles collided at the intersection of Lawrenceville Highway and Kenvilla Drive.

According to reports, the Honda Accord spun out of control after the collision and smashed into a power pole. The SUV, a 2000 Chevy Tahoe, was knocked into the opposite lane of traffic. The driver of the Accord was killed in the crash along with one of the passengers. Two other passengers in the car survived and were taken to the hospital. The driver of the SUV survived and was also taken to the hospital.

The Dangers of Left-Hand Turns

This tragic accident is yet another example of how dangerous left-hand turns can be. Left-hand turns are far more likely to result in accidents than almost anything else a person can legally do on the road. When drivers attempting to turn left misjudge how fast an oncoming car is approaching, the results can be catastrophic. Sometimes drivers turning left fail to pay attention or take reckless chances; in other cases, a car going through an intersection is speeding and a turning driver doesn’t have time to react. In many cases where there is a left-hand turn accident, both parties bear some blame.

Every driver has a duty to try to avoid accidents by operating their vehicles with reasonable care. It is important for drivers approaching intersections to be alert and slow down just in case another driver decides to attempt to make a turn through the intersection. And drivers turning left should always use caution and use a turn signal. Use of turn signals is required by Georgia law before making a turn.
When drivers cause a wreck that injures someone else, they owe victims of harm compensation. If you or a loved one has been injured due to the wrongful actions of someone else, the experienced personal injury attorneys at Williams Elleby Howard & Easter, are here to help.

Contact The Car Crash Injury Attorneys at Williams Elleby Howard & Easter, for More Information

Unfortunately, no matter how safe you drive there is always a chance that you could be involved in an accident. When accidents do occur, it is important for the victim to hire an attorney that will make sure the insurance companies don’t take advantage of them.
Williams Elleby Howard & Easter, is a personal injury law firm dedicated to getting justice for personal injury victims. Our attorneys always put in the time and effort necessary to maximize settlements for clients. If you would like more information or would like to discuss you case, contact Williams Elleby Howard & Easter, to schedule a consultation today at 833-LEGALGA.o

Tractor Trailer Driver Charged in Fatal I-20 Wreck

accident tractor trailer

On July 13th, 2017, 84 year old Gilbert Engle, of Thomson, Georgia, was heading west on I-20 in Columbia County when the pickup driving in front of him slowed down. Mr. Engle slowed down as well, but the tractor trailer traveling behind him didn’t. According to news reports, the driver of the tractor trailer didn’t pump the brakes before slamming into Engle’s car from behind.

The tractor trailer pushed Engle’s car into a pickup truck and in the collision Engle was killed. The driver of the tractor trailer is reportedly being charged criminally with driving too fast for conditions and following too closely.

Tractor Trailer Accidents In Georgia

According to the Federal Motor Carrier Safety Administration, there are thousands of fatal tractor trailer accidents each year. Just like in the accident discussed above, tractor trailer accidents sometimes occur because these large trucks follow passenger cars at close distances cannot slow down as fast as they need to in order to avoid a collision. Tractor trailer accidents also occur because large trucks cannot turn or maneuver as well as passenger cars. Some wrecks occur because trailers are overloaded and sometimes truck drivers exceed their maximum allowed hours of service and are fatigued. These types of accidents can be especially harmful because of the immense weight difference between tractor trailers and regular vehicles.

Because tractor trailers are so dangerous when they are out on the road, there are a number of federal and state regulations governing truck drivers and the trucking industry. Truck drivers and trucking companies have a duty to operate with reasonable care and to follow these regulations. When accidents are caused by the negligence of truck drivers or trucking companies, victims of harm are entitled to compensation for their loss. The attorneys at Williams Elleby Howard & Easter know how to get personal injury victims the justice and compensation they deserve.

Contact the Tractor Trailer Accident Injury Attorneys at Williams Elleby Howard & Easter, to Discuss Your Case

If you or a loved one has been injured in an accident due to the wrongful actions of someone else, it is important to be aware of your rights and get the compensation you deserve. Cases arising out of tractor trailer accidents can be especially complicated because both state and federal laws and regulations could be applicable. Victims need to produce detailed and thorough evidence to prove their case.
The experienced personal injury attorneys at Williams Elleby Howard & Easter, can help by investigating the facts of your case, explaining your legal rights and options to you, gathering all of the evidence you will need to bring a lawsuit, and working to get you the compensation you deserve.
Williams Elleby Howard & Easter, is dedicated to getting justice for each of its clients no matter how much work it takes. In most cases, a settlement that is beneficial to our clients can be negotiated. But if a defendant will not agree to pay a fair amount, the Joel Williams legal team will vigorously fight for their clients in court. 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.

Car Changing Lane Triggers Fatal Crash on I-75

car accident personal injury Georgia

In the late morning of July 20th, 2017, a car changing lanes caused a fatal crash on I-75 just north of Exit 135. According to reports, a small car in the right-hand lane crossed over the center line in an attempt to merge, striking an SUV and causing it to overturn. The pickup truck then hit another pickup truck in the far-left lane. The driver of the SUV was killed; the other two vehicles suffered only minor damage. The crash is currently being investigated by the Georgia State Patrol Specialized Collision Reconstruction Team.

Unfortunately, tragic crashes like this occur every day. Whenever accidents like this happen, it is important that injury victims get the compensation they deserve. In this case, it may be possible for the victim’s family to file a wrongful death lawsuit if it appears that the driver of the car changing lanes was negligent. Georgia wrongful death lawsuits are governed by Title 51 Chapter 4 of the Official Code of Georgia and intended to compensate family members for their loss.

Georgia Auto Accident Lawyers Help Personal Injury Victims Get the Compensation They Deserve

A major function of our civil justice system is to ensure that personal injury victims get the compensation they deserve when they are harmed by the wrongful conduct of someone else. The civil justice system tries to make victims “whole again” with a sufficient monetary award. Of course, the loss of a loved one cannot be replaced with money, and injuries often cause pain and suffering that are difficult to quantify by a dollar amount. But a monetary award can cover things like medical bills and lost wages, and alleviate pain and suffering to some extent.

The extent to which a defendant is liable, how badly a victim was harmed, and how much compensation that victim’s harm is worth are all issues that are often hotly contested in personal injury cases. These cases can be complicated, and proving damages usually requires presenting detailed and highly technical medical evidence and expert medical testimony. Experienced auto accident lawyers know how to gather all of the needed evidence to successfully resolve personal injury claims.

For More Information, Contact the Personal Injury Attorneys at Williams Elleby Howard & Easter

If you or a loved one has been injured in an accident, the legal team at Williams Elleby Howard & Easter, can investigate the facts of your case to help you determine your legal rights and options. If you have a claim, our attorneys can help to maximize your settlement. When necessary, the attorneys at Williams Elleby Howard & Easter, vigorously advocate for their clients at trial by delivering thoughtful, persuasive, and legally compelling arguments.

Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. The Williams Elleby Howard & Easter attorneys are willing to fight for each of their clients in negotiations and in court. Trying to carry out a personal injury claim without experienced and qualified legal assistance puts you at risk. Contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

Georgia Supreme Court Clarifies Pre-Suit Offer Requirements

settle offer suit

In the recent Georgia Supreme Court case of Grange Mutual Casualty Company v. Woodard, the court determined that pre-suit settlement offers in motor vehicle accident cases can include terms that go beyond simply stipulating the dollar amount and a date that the offer must be accepted. The decision analyzed Georgia’s pre-suit offer law, found in O.C.G.A. § 9-11-67.1.

The holding affirms that personal injury victims have the freedom to add conditions to pre-suit settlement offers, including prompt-payment stipulations. O.C.G.A. § 9-11-67.1

This law states that:

“Prior to the filing of a civil action, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and contain the following material terms:

(1) The time period within which such offer must be accepted, which shall be not less than 30 days from receipt of the offer;
(2) Amount of monetary payment;
(3) The party or parties the claimant or claimants will release if such offer is accepted;
(4) The type of release, if any, the claimant or claimants will provide to each releasee; and
(5) The claims to be released.”

Subsection (b) of the law states “The recipients of an offer to settle made under this Code section may accept the same by providing written acceptance of the material terms outlined in subsection (a) of this Code section in their entirety.”

Subsection (c) of the law additionally states that “Nothing in this Code section is intended to prohibit parties from reaching a settlement agreement in a manner and under terms otherwise agreeable to the parties”

Subsection (g) states that “Nothing in this Code section shall prohibit a party making an offer to settle from requiring payment within a specified period; provided, however, that such period shall be not less than ten days after the written acceptance of the offer to settle.”

The Facts and Holding of Grange

This case stemmed from a fatal car accident that occurred in 2014. The plaintiff, Boris Woodard, was driving in a car with his daughter when they collided with the defendant. Boris Woodard was injured and his daughter was killed. Woodard made a pre-suit offer to settle his personal injury and wrongful death claim pursuant to O.C.G.A. § 9-11-67.1. The settlement offer included a condition that, if the defendant accepted the offer, they must deliver payment within 10 days.

The defendant accepted the settlement, but because of an addressing error did not deliver the payment within 10 days. When the payment didn’t arrive in time, Woodard’s attorney retracted the pre-suit settlement offer. But the defendant claimed that Woodard couldn’t retract the offer, because the settlement agreement was already reached. What’s more, the defendant claimed that the condition requiring payment within 10 days was not even permitted under O.C.G.A. § 9-11-67.1, because according to subsection (b), only the “material terms outlined in subsection (a)” needed to be accepted to create a binding agreement.

The Court rejected the arguments made by the defendant and held that pre-suit settlement agreements can have terms beyond those stipulated by O.C.G.A. § 9-11-67.1. Although the Court’s determination does appear to somewhat contradict the plain language of subsection (b), it was completely consistent with the language of subsections (c) and (g). When statutes are ambiguously written, it is up to courts to interpret them in a way that upholds the legislature’s intent. Here, because subsections (c) and (g) clearly support the notion that claimants should be able to add conditions to pre-suit offers, the Court made a sound interpretation.

For More Information, or to Discuss Your Case, Contact Williams Elleby Howard & Easter

The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, work hard to maximize settlements on behalf of each of their clients. When a fair settlement can’t be reached, Joel Williams and his team of attorneys vigorously represent clients in court. If you have been injured due to someone else’s wrongful conduct, call Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

The Mediation Process

mediation process personal injury

Mediation is a form of alternative dispute resolution whereby a neutral third party facilitates an agreement between the parties. It is a shorter and cheaper way to settle a dispute than litigation, and has the benefit of giving the parties full control of the outcome. It does, however, require parties to compromise. Unlike civil litigation, mediation is not an adversarial process; rather, the focus is on compromise. Mediation is a viable option in personal injury cases in Georgia.

Deciding if Mediation is Right for Your Personal Injury Case

The biggest reason to choose mediation is that it avoids expensive and lengthy litigation. The cost of court fees, expert witnesses, and other litigation costs can be significant. And, the expense of litigation is generally not compensable as a part of the damages in a case unless “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.”

Mediation is also attractive because trials can be unpredictable. Mediation takes away the uncertainty of a jury or bench trial and lets the parties control the outcome. They can also take into account nuances and subtleties in the facts and the parties’ interests that would be lost at trial.

Finally, mediation is relatively risk-free. When a personal injury victim has an excellent case, they can always reject any settlement offers made during mediation and continue on towards trial instead. If you have been injured due to the wrongful actions of another, the attorneys at Williams Elleby Howard & Easter, can help you understand whether mediation is a good option for you.

Choosing When to Mediate

When the facts of a case are clear, it may be the case that both parties will be willing to mediate a claim right away. But in many personal injury cases, it isn’t clear whether mediation is the right choice until after the discovery phase has occurred and all of the relevant evidence is uncovered. At this point, each party has a good idea of how the case is likely to go, and they are thus in a better position to decide whether they want to take the risk of trial.

When a personal injury victim has a solid case, they will often choose to wait until after the summary judgment stage before agreeing to mediation, because after a claim survives this stage the final settlement value of the case will rise. Conversely, if the plaintiff’s claim is more questionable, a plaintiff may be eager to reach a settlement before reaching the summary judgment stage. Ultimately, an experienced personal injury attorney can determine when during the process mediation would be appropriate.

Choosing a Mediator

When parties agree to mediate, they are free to agree to any trusted third party they would like to act as their mediator. A personal injury mediator should be a practicing or retired attorney that understands Georgia tort law. The Georgia Commission on Dispute Resolution can help parties find a mediator. There are also private mediation firms with many excellent mediators. Three of the most popular in Georgia are Henning Mediation & Arbitration Service Inc. (https://www.henningmediation.com), Bay Mediation & Arbitration Services (https://www.bayadr.com), and Miles Mediation & Arbitration Services (https://milesmediation.com) . In other cases, the parties can request that the judge appoint a mediator.

Presenting Position Papers

The first step in mediation is to present the other side with a summary of your claim in the form of a position paper. This can also be a formal settlement demand. The mediator should also be given a copy of this document. A plaintiff’s position paper will address the merits of the claim and state the damages that are being demanded. A defendant may also have a position paper prepared.

Negotiating in a Joint-Session

After position papers have been presented and read, each side will explain their case. The purpose of this joint-session meeting is to make sure that each side fully understands the perspective and legal arguments of the other side. The mediator will objectively explain to both parties the likely outcome of a trial.

Holding Private Meetings as Needed

Following the initial joint-session meeting, the mediator will privately discuss with each side the strengths and weaknesses of their case. Any information learned by the mediator in these private sessions should remain confidential. The mediator will go back and forth as needed, acting as an intermediary to broker a compromise between the parties.

Reaching an Agreement

When the mediator feels that the parties are close to reaching a final agreement, the parties will come together again to discuss and then sign a settlement agreement. Most mediations can be completed in a few hours and take place in a single day.

If You Think You May Have a Personal Injury Claim, Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you have been injured in an accident and would like to schedule a free consultation to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

How Overloaded or Improperly Loaded Tractor Trailers Can Cause Crashes

overloaded tractor trailer

According to the Federal Motor Carrier Safety Administration, large trucks were involved in 4,311 fatal accidents in 2015. Statistics from the FMCSA show that the heavier the truck, the more likely an accident will occur. Improper loading of trucks is one of the most common causes of preventable truck wrecks. Overloading or otherwise improperly loading a truck can cause an accident in a number of ways.

• Overloaded trucks put enormous pressure on tires, causing tire damage and blowouts. A truck’s wheels and tires are only made to withstand so much. Tire blowouts are particularly dangerous, because they can cause a truck driver to immediately lose control.

• Weight imbalances can cause trucks to rollover. A study conducted by the Association for the Advancement of Automotive Medicine found that when cargo loads are too heavy, insecurely fastened, or mounted too high in the truck, it can cause trucks to rollover when going on ramps, curves, or even just changing lanes.

• Overweight trucks have trouble stopping when going downhill or getting speed going uphill.The heavier the truck, the slower it is to brake and accelerate. Many traffic accidents occur because a truck is simply going too fast or too slow and as a result, the driver can’t slow down or speed up in time because the truck is too heavy.

• Overloaded trucks can be too heavy for bridges and overpasses. In May of this year, a bridge collapsed in Iowa when a truck more than five times the legal weight limit attempted to cross it.

Laws Regulating Tractor Trailer Loads

There are federal and state laws regulating how tractor trailers are to be loaded, and prescribe maximum weights that trucks are allowed to have. Under these laws, absent a special oversize permit, Georgia tractor trailers cannot be wider than 8’6”, taller than 13’6”, and longer than 100 feet, and they cannot carry loads of more than 80,000 lbs. in gross weight. Georgia tort law also imposes a duty on every truck driver to operate their truck with reasonable care, which includes a duty to properly and safely load the truck they are driving.

Despite the fact that Georgia has implemented many weigh station inspection points on the state’s highways, overloaded or improperly loaded tractor trailers continue to be out on the road. When accidents occur as a result, it is crucial to hold negligent parties accountable and compensate their victims.

Victims of Accidents Involving Improperly Loaded Trucks Deserve Compensation

When accidents occur due to a truck being improperly loaded, victims deserve compensation for their harm. Victims can sue truck drivers that overload or improperly load their trucks, and trucking companies that encourage or knowingly allow their drivers to do so.

Trucking companies can also be sued under a theory of respondeat superior when their employees negligently cause an accident. Victims are entitled to be fully compensated for their harm, including for medical bills, vehicle damage, lost wages, and pain and suffering. A tractor trailer accident injury attorney helps victims get the compensation they deserve.

CONTACT THE TRACTOR TRAILER INJURY ATTORNEYS AT Williams Elleby Howard & Easter, TO DISCUSS YOUR CASE TODAY

If you or a loved one has been involved in a tractor-trailer accident, it is imperative to understand your legal rights. Anyone harmed due to the negligent actions of someone else deserves to be compensated. The Kennesaw, GA  tractor trailer accident injury attorneys at Williams Elleby Howard & Easter, can help investigate the facts of your case, explain your legal options, and help you get the compensation you deserve. Contact the personal injury attorneys at Williams Elleby Howard & Easter, at 833-LEGALGA to schedule a free consultation today.