MARTA Police Officer Seriously Injured In Car Accident

police officer injured motorcycle accident

On November 17, 2017, a MARTA police officer Emanuel Sabir was seriously injured when he was struck by a van while riding his motorcycle. The officer was off-duty and leading a funeral procession at the time of the accident. The accident occurred on Fairburn Road in northwest Atlanta. The officer was reportedly seriously injured but conscious and alert at the time of the accident. Sabir was taken to Grady Memorial Hospital and was last reported to be in stable condition.

Based on reports, the driver of the van that struck officer Sabir was at least negligent and perhaps reckless in causing the accident. Police say that the van driver ran a stop sign before pulling onto Fairburn Road, and that he appeared to be intoxicated. After the accident, responding police officer Stephanie Brown said the van driver “got into fights with residents in the area and responding officers before he was taken into custody.” The driver of the van was arrested and charged with several traffic offenses, including failing to stop at a stop sign and driving with an open container of alcohol.

Motorcycle Accidents and Georgia Law

Motorcyclists are extremely vulnerable if they get into an accident on the road. In fact, motorcyclists are nearly 30 times more likely to die in an accident when compared to other motor vehicle drivers. This is, of course, true because a motorcyclist is not protected by the body of an automobile, and is instead exposed to the threat of direct trauma if they get into an accident.

Moreover, motorcyclists deal with certain unique risks that make accidents more likely to occur. For instance, drivers will often fail to see motorcyclists because they are not looking out for them, road hazards such as potholes can have an outsized impact on motorcyclists, and at high speeds it can be difficult for motorcyclists to safely make quick turns.

All drivers have a duty to watch out for motorcyclists, to operate their vehicles with care, and to obey traffic rules. Likewise, motorcyclists have a duty to ride carefully and to follow traffic rules. When a driver or motorcyclist fails to operate their vehicle with reasonable care and causes an accident, they are considered negligent and at-fault. In some cases, a motorcyclist and another driver are each party to blame. In Georgia, when more than one party to an accident is at fault, courts will apply the comparative fault doctrine and the parties will share liability according to their degree of fault.

The Importance of Wearing Helmets

Motorcyclists who do not wear helmets are at a much higher risk of sustaining serious and fatal head injuries. In recognition of this danger, federal and state initiatives during the 1990s mandated the use of helmets for motorcyclists in most states, including in Georgia. Under Official Code of Georgia § 40-6-315(a), “No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Board of Public Safety.” According to the World Health Organization, these helmet laws have saved thousands of lives in the United States. States that do not have mandatory helmet laws see much higher rates of serious and fatal motorcycle accidents.

For More Information, Contact Williams Elleby Howard & Easter

If you would like more information about this issue, or if you or a loved one has been in an auto accident and you would like to discuss your case, call Williams Elleby Howard & Easter, today at 833-LEGALGA.

Playtex Recalls Children’s Plates and Bowls Due to Choking Hazard

recall choking hazard children

Playtex recently recalled about 3.6 million children’s plates and bowls. According to the recall, “The clear plastic layer over the graphics can peel or bubble from the surface of the plates and bowls, posing a choking hazard to young children.” The recall was initiated voluntarily by Playtex after it received hundreds of reports of the plastic layer detaching. There have been at least 11 reports of the plastic being found in a child’s mouth, and in at least 4 of these cases it was reported that a child was choking on the clear plastic film.

Playtex has stated that the recall involves various plates and bowls with designs “including cars, construction scenes, giraffes, princesses, superheroes and more.” Playtex is written on the bottom of the affected plates and bowls. If you have any of these products, you should immediately take them away from your small children and contact Playtex for a full refund. More information about the recall can be found on the Consumer Product Safety Commission website.

Manufacturers Have a Duty to Ensure the Safety of Their Products

All manufacturers or distributors that sell products in Georgia have a duty to ensure that those products are safe to use for their intended purpose. Under Official Code of Georgia Title 51 Chapter 1 Section 11 (O.C.G.A. § 51-1-11), any company that fails to meet this duty is strictly liable for hard that is caused. Despite this duty, thousands of people are injured every year in Georgia when they use defective products.

Too often, companies use a design that is less safe than a viable alternative because it will be cheaper. In other cases, the manufacturing process has errors that create defects in the product, or the packaging is defective. And sometimes, a product is produced as intended and the design is adequate, but a manufacturer fails to inform consumers about the risks of using the product.

Each of these types of product defects is preventable. In each case, a company has decided to maximize profits instead of safeguarding the safety of their own customers. For these companies, profit loss is the greatest risk to avoid. But while these companies prioritize profit margins, they put the health and lives of innocent consumers at risk. Williams Elleby Howard & Easter believes that this is unacceptable.

Call Williams Elleby Howard & Easter, for More Information

If you or a loved one has been injured by a defective product, the experienced product liability attorneys at Williams Elleby Howard & Easter, can help you get the compensation you deserve. Williams Elleby Howard & Easter, can investigate the facts of your case and help you understand your legal rights and options. If a company has violated O.C.G.A. § 51-1-11, we will work hard to hold them accountable.

Williams Elleby Howard & Easter, offers free consultations and takes cases on a contingency fee basis – that means our clients don’t pay a dime unless and until we win their case. Williams Elleby Howard & Easter, serves clients throughout the State of Georgia. Call today to schedule your free case evaluation at 833-LEGALGA.

Georgia Works to Prevent Farm Crashes

Georgia farm accident crash law

It was recently reported the Georgia Department of Agriculture and the Governor’s Office of Highway Safety (GOHS) will be working together on an initiative to prevent farm related crashes throughout the State of Georgia. The director of the GOHS, Harris Blackwood, told Albany’s WXFL News, “We’ve had too many crashes where people have injured or killed. That’s the problem. We want to reduce the number of injuries and fatalities on the roads.” The effort – called “Yield Behind the Wheel” – was motivated by the fact that there are hundreds of farm related crashes each year in Georgia, and roughly 10-15 fatalities. Authorities working on the outreach initiative hope to reduce these numbers.
Farmers routinely must use highways and other roads to get farm equipment from one area of a farm to another, or to travel from one farm to another. In most cases, these types of vehicles can only travel 15-25 miles per hour. They also have very poor mobility, and are often wider than even the largest trucks. As a result, it is important for farmers and other drivers to use caution when using roadways at the same time.

Farm Vehicles and Georgia Law

Farmers in Georgia are permitted to operate slow-moving vehicles, such as tractors or combines, on Georgia roadways because it is a necessary part of their jobs. However, this permitted use is limited by several restrictions. Under Title 40 Chapter 8 Section 4 of the Official Code of Georgia, any vehicle that travels slower than 25 miles per hour must have vehicle reflector triangles. Wide vehicles must also have reflectors that mark the edges of the vehicle. According to the GOHS, farmers should avoid using highways during the daytime, and if traveling longer distances should have marked pilot cars in front and behind the farm vehicle.

All other drivers on the road have a duty to watch out for farmers and drive with caution when they see farm equipment or farm vehicles using a roadway. Drivers should remember that farmers have a right to use roadways and should be patient. Too many accidents when drivers attempt to pass slow moving farm equipment without leaving enough room or without properly yielding to traffic in other lanes.

If You or a Loved One Have Been Injured in an Auto Accident, Call Williams Elleby Howard & Easter, Today

The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting accident victims the compensation they deserve. Accident cases involving farm vehicles can be especially complex. If you or a loved one has been injured in a farm related crash, the Williams Elleby Howard & Easter, legal team can help you understand your legal rights and options. Attorney Joel Williams has helped injury victims in Georgia bring personal injury claims for more than 10 years and he works hard to maximize his clients’ compensation in every case. Williams Elleby Howard & Easter, offers free personal injury accident consultations. To discuss your case, call 833-LEGALGA today.

Children Struck By Vehicle in Hahira

children accident hit struck vehicle

Two children were reportedly hit by a pick-up truck while walking to school in Hahira, Georgia, on the morning of October 19, 2017. The children, a brother and a sister, ages 12 and 11, respectively, were transported by a Life Flight helicopter to South Georgia Medical Center in Valdosta. The sister was then airlifted to a hospital in Tallahassee with serious injuries. The accident is still being investigated, but the Georgia State Patrol has indicated that speed was not a factor and no criminal charges are expected in the case.

Pedestrian Accidents in Georgia

Pedestrians and vehicle drivers each have a duty to act with reasonable care. When either pedestrians or drivers violate a Georgia Rule of the Road, they are presumed to have breached this duty. Driver negligence is a common cause of pedestrian accidents, and includes things like:

• Speeding;
• Texting or engaging in other distracting activities while driving;
• Failing to yield when a pedestrian is using a crosswalk;
• Running a stop light or stop sign;
• Failing to use a turn signal; and
• DWI/DUI.

However, accidents are frequently caused by pedestrian negligence as well. Pedestrians should be aware of the Georgia traffic rules governing pedestrians. Parents and guardians should make sure children understand these rules before letting them walk along roadways.

Many people erroneously believe that pedestrians always have the right of way. But in most scenarios pedestrians only have the right of way when they are using a crosswalk. When pedestrians cross a roadway at any other place, they normally have a duty to yield to vehicles. There are a few exceptions to this rule that involve situations where no crosswalk is available. This does not, of course, mean that a driver has no duty to avoid hitting a pedestrian that crosses a road at a point other than a crosswalk, but it does mean that if an accident occurs the pedestrian will be presumed negligent.

Another important provision is found in §40-6-91(b) of the Official Code of Georgia. This law states that “no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.” Pedestrians should also generally avoid walking along a roadway when there is a sidewalk provided, and should not walk upon a roadway when they are intoxicated.

If You or a Loved One Has Been Injured in a Pedestrian Accident, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Pedestrian accidents can cause devastating harm. If you or a loved one has been injured due the negligence of someone else, it is imperative that you are aware of your legal rights and options. Victims of personal injuries caused by someone else’s wrongful conduct deserve compensation. These cases can be complicated, and winning claims often requires qualified legal assistance.

The experienced Kennesaw Car Accident Attorneys at Williams Elleby Howard & Easter, understand pedestrian accident law and are dedicated to getting accident victims the compensation they deserve. When insurance companies do not treat pedestrians fairly, our attorneys are ready and able to take the case to trial just as we did earlier this year in Newton County where we secured a $366,000.00 verdict for our client:

Car Accident Attorneys Kennesaw, GA

Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. To discuss your case, call 833-LEGALGA today.

Target Recalls Leather Pouf Ottoman Due to Suffocation and Choking Hazards

product liability

 

On October 17, Target recalled about 7,500 leather pouf ottomans after it was discovered by the manufacturer that the ottoman coverings could be easily opened by children, and that the stuffing inside of the ottoman created a choking hazard for children. According to the Consumer Product Safety Commission website, “The zippers on the pouf ottomans can be opened by children who can then suffocate or choke on the pouf’s polystyrene beads.”

The recall was conducted voluntarily by Target. The store released a statement stating “Consumers should immediately stop using the recalled pouf ottoman, place it out of reach of children and return it to any Target store for a full refund.” If you have purchased this product, you can contact Target at 800-440-0680 or online here.

PRODUCT LIABILITY AND DESIGN DEFECTS

In Georgia, there are three categories of product defects that can give rise to a product liability claim:
• Manufacturing defects;
• Design defects; and
• Labeling defects/failure to warn.

The pouf ottomans recalled by Target are an example of a design defect. They were produced as intended, but nonetheless posed an unreasonable danger to children. Design defects can be especially dangerous because they are often not discovered until people start getting hurt.

Design defect claims can also be difficult to win. To win a design defect claim, the Georgia Supreme Court has held that a plaintiff must prove that “the risks inherent in a product design” are significant enough that they outweigh “the utility of the product.” This is referred to as a “risk-utility” analysis.

One of the most important factors courts will consider when conducting the risk-utility analysis is whether safer alternative designs were available. If a manufacturer knew or should have known of a safer design and they choose to produce a less-safe product anyway, they can be found liable in a product liability suit on the basis of design defect. Put another way, if a manufacturer has the option of choosing between multiple designs, they have a duty to consumers to choose the safest feasible one. On the other hand, if there were no known alternatives to the design, a plaintiff must prove that the design was inherently so dangerous that it was unreasonable to produce the product at all.

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

If you or your child has been injured by a defective product, it is important to be aware of your legal rights and options. Not all product-related injuries create a viable claim, but when manufacturers cut corners or otherwise negligently produce unsafe products, victims deserve compensation. To get compensation, victims often need qualified and experienced legal counsel on their side.

The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for victims of defective products in Georgia. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. Call 833-LEGALGA today if you would like more information or if you would like to discuss your case.

Georgia Slip and Fall Claims

Georgia Kennesaw slip fall claim attorney

Georgia Slip and fall claims are largely governed by Georgia premises liability law. The basic rule of premises liability law is found in the Official Code of Georgia Section § 51-3-1, which states that when landowners invite others onto their property, they must “exercise ordinary care in keeping the premises and approaches safe.”

If you’ve fallen in a store or other business because of an unsafe condition, you may be entitled to compensation. The key to determining whether a property owner is liable for slip and fall harm is whether they failed to “exercise ordinary care” in keeping the premises safe. There are several important factors that must be considered. The basic elements of a slip and fall claim in Georgia are:

1. There must have been a dangerous condition present;
2. The property owner must have negligently failed to remedy the condition and/or failed to warn the victim about it; and
3. The dangerous condition must have caused the harm complained of.

Establishing Property Owner Liability in Slip and Fall Claims

Although the elements of a slip and fall claim are relatively simple, these types of cases can be surprisingly complicated. Businesses will often hotly contest liability, and proving these claims typically involves collecting large amounts of evidence. Eyewitness or video evidence is usually needed to prove that a “dangerous condition” existed. Without proving a dangerous condition existed, a plaintiff cannot successfully win a slip and fall claim.

But it is not enough to simply prove that a dangerous condition existed. Sufficient evidence is also required to prove that the business owner negligently failed to fix or warn about the dangerous condition. This can require collecting evidence showing that the business knew or should have known about the dangerous condition. Georgia courts also follow the “superior knowledge” doctrine, which holds that the business must have had superior knowledge of the dangerous condition compared to the plaintiff. Therefore, even if a business knew or should have known about a dangerous condition, if a plaintiff was actually aware of the danger but ignored the risk, the business may not be liable.

Once a plaintiff can prove that a dangerous condition existed and that a business was negligent, he must then prove that the condition caused his harm. This often requires medical evidence and expert testimony. Finally, it is also a defense against liability if the plaintiff negligently caused their own harm. A plaintiff may not be able to win their claim if they were contributorily negligent.

If You’ve Taken a Fall in a Store, Call Williams Elleby Howard & Easter, Today

If you’ve been injured in a Kennesaw, GA slip and fall accident because of a hazard or unsafe condition, you should contact an experienced personal injury attorney to discuss your case. When businesses fail to clean up hazards, fix dangerous conditions, or warn customers about risks, anyone harmed as a result is entitled to compensation. The experienced personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia premises liability law and are dedicated to maximizing compensation for each of their clients. Contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.

Metro Atlanta Truck Driver Fell Asleep before Bus Crash that Killed 13 in California

fatigued driving crash injured

One year after a crash in California that left 13 dead and 30 others injured, authorities arrested the truck driver deemed to be responsible in Georgia. The truck driver put his truck in park when the freeway he was on was shut down in the early morning due to construction. He fell asleep. When the freeway reopened, the driver didn’t wake up and his truck remained stationery as traffic began zooming past. The dangerous situation ended in tragedy when a bus traveling at more than 75 mph slammed into the truck. The driver was arrested on vehicular manslaughter and gross negligence charges.

Truck drivers are supposed to sleep a certain number of hours for every day that they work, but authorities believe that the driver chose to keep driving through that time. The driver is believed to have violated federal regulations by driving too many hours and attempting to hide the violations by falsifying his daily driver’s log.

THE DANGERS OF FATIGUED DRIVING

The National Highway Traffic Safety Administration (NHTSA) estimates that there are roughly 72,000 accidents caused by drowsy driving each year, resulting in an estimated 41,000 injuries and more than 800 deaths. According to the NHTSA:

Drowsy driving is not just falling asleep at the wheel – it is impairment that in many ways mimics driving when drunk. Drowsiness leads to slower reaction times, and impaired attention, mental processing, judgment, and decision making. Drowsiness can occur from accumulating sleep debt (typically <6 hours a night) across multiple nights, or from only one night of not sleeping.

Crashes caused by fatigued truck drivers can happen anytime, but occur most frequently late at night or early in the morning. Research has also shown that young drivers are nearly twice as likely to be drowsy at the time of a crash. But the demographic most likely to drive drowsy are truck drivers, who are often pressured to work long hours at a time and drive multiple days in a week. The Federal Motor Carrier Safety Administration limits the number of hours that truck drivers are allowed to be on the road each day and week; however it is all too common for truck drivers and trucking companies to ignore these regulations.

The United States Centers for Disease Control (CDC) has determined that the “risk, danger, and often tragic results of drowsy driving are alarming.” Shockingly, in a survey conducted by the CDC, 4% of drivers stated that they fell asleep behind the wheel in the past 30 days. Drivers should always make sure they have been getting enough sleep before going on long trips, and should prioritize remaining alert when on the road. Drowsy driving isn’t a risk worth taking. Remember, if you think you might be too sleepy to drive, you are almost certainly too sleepy to drive.

For More Information, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter, is dedicated to helping truck accident victims get justice. If you or a loved one has been injured in an auto accident, Williams Elleby Howard & Easter, can help you understand your legal rights and options. Call today to schedule a free consultation at 833-LEGALGA. You can also find more helpful information on the dangers of drowsy driving at https://drowsydriving.org.