Author: Joel Williams

The Truth About Trial Lawyers

So you want the inside scoop on those low down, money hungry, ambulance chasing bastards that litter the interstate with billboards and your television with commercials?

Well, here it is from an admittedly biased trial lawyer:

Real trial lawyers are warriors.

They go to battle against insurance companies and corporations that have more money than many third world countries. Real trial lawyers get justice for those who don’t have the resources to take on the insurance companies and corporate giants. Real trial lawyers do all this despite being the brunt of nasty jokes and smear campaigns. Real trial lawyers often find themselves fighting for the very people that tell hateful “lawyer jokes” or fly the “tort reform” banner. Real trial lawyers fight for people, sacrifice time with their families, and put their own hard earned money on the line in the name of justice.
What about those low down, money hungry, ambulance chasing bastards? They are not real trial lawyers. Every profession has a few bad apples and the Plaintiff’s bar has more than its fair share. In my opinion, the negative perception of trial lawyers is due in large part to what I like to call “settlement mills.” Settlement mills are law firms with very few lawyers and a large number of legal secretaries or paralegals. They are usually the law firms you see with tacky billboard ads or classless commercials. Many times clients of a settlement mill will never meet their lawyer. Why? Because the lawyer probably has 5,000 cases managed by a staff of 10-15 paralegals. How sad is that? The goal of a settlement mill is simple: Take on as many cases as possible; settle them fast for whatever you can get; refer out the ones that won’t settle; move on to the next poor sap that didn’t know calling the number on the side of the bus was a bad idea. Smh…
Some who call themselves “trial lawyers” are even worse. They will hire people to scan local police reports and show up at the injured person’s house or hospital bed with a contract in hand. Of course, this is unethical under nearly every state’s bar rules but it is rarely enforced. In my humble opinion, lawyers who do this should be arrested, prosecuted, and thrown in jail.

Real trial lawyers have a unique responsibility in today’s world.

Yes, we run a business and must make money to stay in business. At the same time, we represent people who are suffering. Our clients are going through what is likely one of the most difficult times in their lives. They need a warrior that will take on the big corporation or insurance company. They need a warrior that is not afraid to stand up for justice. They need a champion.

Real trial lawyers put your interest first.

If you have been seriously injured or suffered the loss of a loved one due to the negligence of another, I encourage you to find a real trial lawyer. Find someone who will go to war with you against the insurance company. Above all, find a real trial lawyer that will always put your interest first. I recommend that personal injury victims sit down and meet with at least three different lawyers before making a final decision.
Who do you trust? Who has the skill and knowledge and yes, the fortitude, to stand by your side and fight with you? Only you can make that call. But rest assured, it will be one of the most important decisions you will ever make.

78,518 Vehicles Illegally Pass School Buses On Any Given Day

As a Georgia driver, do you know your duty as a driver of a vehicle that is meeting or overtaking a school bus?

Besides creating a dangerous situation and possibly injuring or killing innocent children, you could receive a citation, be fined up to $1,000.00, have 6 points placed on your driver’s license record, and risk having your license suspended if you are under 21 years of age.

Do you know the law for passing a school bus?

Follow this link to find out how Operation Stop Arm has been educating drivers to exercise caution when school buses are stopped and loading or unloading children. This pamphlet gives a great description of the law for passing a school bus based on the different types of roads being traveled. Under state law, drivers in all lanes must stop including drivers that are on multi-lane highways with a center turn lane. The only exception is if a driver is on the other side of a median that has a physical barrier such as grass or a concrete barricade.
At one time, school bus drivers were responsible for getting the violators tag number and information in order to report the violation. As of July 1, 2011, Georgia law allows the use of cameras mounted on school buses to keep record of violators. Approximately two dozen school systems in Georgia have added school bus cameras to their safety program.
Cobb County School System has equipped 122 of their school buses with digital video cameras that can capture tag information of drivers that fail to stop when school buses are loading or unloading children. This particular school system estimates that approximately 1,000 violations occur per day.
The National Association of State Directors of Pupil Transportation Services produced a 2015 survey estimating that 78,518 vehicles pass school buses illegally on any given day in 26 states including Georgia, which was reported to have 8,790 incidents of illegal passing observed April 22. Click here to see the 2015 Survey on Illegal Passing of School Buses. According to the National Highway Traffic Safety Administration (“NHTSA”), 21 children under the age of 19 die every year as pedestrians getting on and off buses.

illegal school bus

Top 10 Mistakes Attorneys Make in Car Wreck Cases

Top 10 Mistakes Attorneys Make in Car Wreck Cases

Many attorneys handle car wreck cases but too many do it poorly. If you are an attorney, please don’t make these mistakes. If you are a car wreck victim, make sure your attorney is not making any of these mistakes. The most common mistakes I see are:

1. Failing to Notify All UM Carriers About the Wreck:

In Georgia, car wreck victims must promptly notify their own insurance company about the wreck to preserve their right to bring an underinsured motorist claim. Many attorneys fail to do this which can lead to the denial of benefits to their clients.

2. Failing to Identify All Sources of Insurance:

Many attorneys fail to identify all sources of insurance that may cover their client’s damages. For example, UM coverage may be available if the injured party lives with a “resident relative” who has UM coverage under a separate policy of insurance. Many attorneys do not know about this and fail to access this coverage. In cases where the at-fault party does not have enough insurance to cover the damages, this can be a catastrophic error. All “umbrella” or “excess” coverage must also be identified. In serious injury cases, it is vitally important to verify whether the at-fault party has “umbrella” or “excess” coverage over and beyond what may be available on the primary policy.

3. Failing to Settle a Case Pursuant to a Limited Liability Release:

O.C.G.A. § 33-24-41.1 allows a claimant to release the at-fault party from personal liability in exchange for payment of his or her insurance limits, except to the extent there is other liability coverage or underinsured motorist coverage available. If the claimant signs a general release (as opposed to a limited liability release), the claim is finished and the claimant will not be able to recover from any other available liability coverage or from his or her own underinsured motorist carrier.

4. Failing to Visit the Scene of a Wreck:

Many attorneys blindly rely on the diagram that is included with most police reports to visualize the scene of a wreck. This is usually due to the attorney either being too lazy to visit the scene or being overworked. Scene visits can often reveal information about a wreck that is not obtainable from a police report. For example, lighting conditions and other variables that could obstruct a driver’s vision may not be recorded by the investigating police officer. Roadway evidence such as skid marks or gouges in the pavement may be found which can become critical evidence in cases where liability is disputed.

5. Failing to Send Evidence Preservation Letters:

In every case, the claimant’s attorney should send letters to any potentially liable party and their insurer demanding that all evidence be preserved for inspection. The attorney should then inspect and document all evidence that may otherwise be destroyed. For example, in car wreck cases, insurance companies routinely sell “totaled” cars for salvage after their adjusters have inspected and documented the vehicle damage. If the injured party, or their attorney, hasn’t been afforded the opportunity to inspect and document the vehicles, they will be forced to rely the insurance company’s inspection. Obviously, this is a bad idea and should be avoided at all cost.

6. Failing to Prepare the Case for Trial:

After a car or tractor-trailer wreck, the at-fault driver’s insurance company will immediately begin its investigation with one goal in mind: to minimize any payout to you. Insurance companies know which attorneys will take a case to trial and which attorneys will simply settle cases for whatever they can get. Attorneys that prepare cases for trial consistently obtain larger settlements for their clients than those who simply accept the insurance company’s “take it or leave it” settlement offer.

7. Settling Cases without Knowing the Full Extent of Damages:

Unfortunately, many attorneys settle cases before their clients are finished with their medical treatment. I have never understood this. Many times, car wreck victims must undergo several different kinds of conservative procedures like physical therapy or injections before they know whether they are a candidate for surgery. If the case is settled without accounting for the tremendous costs associated with a surgery, the injured client is left to pay the surgical bills on their own. Do not let your attorney settle your case until you have a firm grasp on your diagnosis, prognosis, and future treatment plan.

8. Failing to Gather All Data Available from Public Agencies:

Many times there is much more information and documentation available from public agencies than the police report. For example, in wrecks resulting in death or serious injury the Georgia State Patrol will often dispatch its Specialized Collision Reconstruction Team “SCRT” to thoroughly investigate and reconstruct the wreck. Other items such as 911 calls, dash cam videos, body cam videos, and CAD reports are available. Attorneys should always obtain every piece of publicly available information related to every car wreck case.

9. Failing to Interview Every Witness:

Some cases seem so clear cut that attorneys fail to interview all potential witnesses. Imagine a collision where the claimant is rear ended by another driver at a stop light. Seems pretty straight forward right? What if a witness spoke to the at-fault driver and smelled alcohol on his breath but the attorney never spoke to this witness? What if the at-fault driver got out of his car and told a witness that he was messing with his phone and didn’t see the car he hit? Make sure your attorney is contacting all witnesses! You can be sure the insurance companies will.

10. Failing to Identify any Defective Products:

Automobile manufacturers are routinely issuing recalls for defects in their automobiles. These dangerous automobiles may have defective seat belts, airbags, brakes, seatbacks, roofs, gas tanks, sudden acceleration, steering mechanisms and many other dangerous components. If these defects are not investigated or recognized in catastrophic personal injury cases, the automaker will not be held accountable for putting lives at risk. Make sure your attorney has looked into whether any defective vehicle component contributed to or exacerbated the injuries you sustained in any catastrophic car wreck case.

In Case of a House Fire – ARE YOU PREPARED??

October is fire prevention month. As temperatures begin to drop, people begin using their heaters and start preparations for using the fireplace for a cold winter. Are you as prepared as you should be? Find out here by taking a Fire Prevention Week Quiz.

This years’ fall back time change begins on November 1, 2015. Use this time as a reminder to prepare your home in case of a fire. Replace batteries in the smoke alarms throughout your home, make sure your fireplace is clean and properly vented, develop a family escape plan, check your fire extinguishers, and service any and all electronic heating devices. These are just a few of the important issues to consider for your fireproof plan.

Please take time to look at the following links for Fire Safety and to be proactive in protecting your family and guests.

“Fast Facts About Fire” – National Fire Protection Association website
Fire Safety – www.healthy children.org
Keeping Kids Safe From Fire – www.usfa.fema.gov

Georgia’s “Move Over” Law

Georgia wisely passed a “Move Over” law in an effort to reduce the number of injuries and fatalities to police officers, paramedics, firefighters, tow truck operators and highway maintenance workers. The law was passed in response to an increased number of police officers and emergency personnel being killed or seriously injured by passing motorists.

In its most basic terms, the law requires drivers to move-over one lane, when possible, if an emergency vehicle with flashing lights is parked on the shoulder of the highway. If the driver is unable to move over, the law requires the driver to slow down below the speed limit and to be prepared to stop.

This entire statutory text of the law, codified as O.C.G.A. § 40-6-16 is as follows:

(a) This Code section shall be known and may be cited as the “Spencer Pass Law.”

(b) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or

(d) Violation of subsection (b) or (c) of this Code section shall be punished by a fine of not more than $500.00.

The Georgia Governor’s Office of Highway Safety, citing FBI statistics, noted that traffic crashes claim the lives of more police personnel than any other cause of death in the line of duty, including shootings. As you travel Georgia roads, please adhere to this law and protect the lives of those who keep us safe.

Safety Tips For Having a Spooktacular Halloween

Safety Tips For Having a Spooktacular Halloween

Halloween is near and soon there will be ghost and goblins mixed with Elsa and Olaf making appearances everywhere. Trying to decide what character to be for Halloween is always exciting. As you are helping your children select their costumes, consider finding costumes that are comfortable and the right fit in order to avoid trip and falls. There will be a lot of walking involved as you go door to door in your neighborhoods, so comfortable shoes are a must for both children and parents. For the children who have reached an age that they don’t want their parents tagging along, you can always follow along just a few steps behind. If this is the case, be sure your child has a particular item that glows in the dark so that you can keep a watchful eye from a distance. A glow stick that is a particular color, reflector tape on their costume, or possibly a flashlight that blinks a certain pattern can help you keep up with them from a distance.

Teach your children safety first! Make sure they are using the buddy system or even better require them to travel in a group. As children move around their neighborhoods, it is very important they are careful when crossing the street. Be sure to have a discussion before the night of trick-or-treating about walking on the sidewalks and only crossing the street at the street corners or in crosswalks. Too many children are injured or killed by not paying attention when crossing the street at night, especially on a night filled with excitement of wearing costumes and getting plenty of candy.

When in Doubt –Throw Out! It is very important for all parents to inspect the goodies their children collect. Inspect all candy wrappers, check for any signs of tampering with treats. Only eat homemade snacks made by people you personally know.

If you don’t feel safe carrying your children around neighborhoods, there are always other options to enjoy the Halloween season. Most elementary schools have fall festivals and several churches offer Trunk or Treat events where your children will have a fun and safe Halloween experience.
For more hints and tips for a safe Halloween, click here for suggestions from the FDA.

What is Uninsured Motorist Coverage?

Why Have Uninsured Motorist (UM) Insurance Coverage? Personal Injury Cases Georgia Attorney

What is Uninsured Motorist Coverage?

What is Uninsured Motorist Coverage? Uninsured motorist coverage is sometimes referred to as “insurance against lack of insurance.” For example, imagine you are injured in a wreck and your damages are $100,000. What if the at-fault driver only has $25,000 of liability coverage? What about the other $75,000? If you purchased enough uninsured motorist coverage from your automobile insurer, you can look to your own insurance company to make up the difference.

So how does this work in Georgia? For automobile insurance policies issued, delivered or renewed on or after January 1, 2009, the insurer must offer the insured “added on” or “reduced” underinsured motorist coverage. Georgia law does not require an owner of a vehicle to purchase uninsured motorist coverage but it does require the insurance company to offer the coverage. What is the difference in “added on” or “reduced” coverage?

“Added on” coverage provides coverage over and beyond the at-fault driver’s coverage. For example, suppose you are injured by a negligent driver who only has $25,000 of liability coverage. Further assume that you purchased “added on” uninsured motorist coverage with limits of $25,000 and your damages are $50,000? In this situation, there is enough available insurance to cover your damages! The at-fault driver’s insurance would pay the $25,000 of liability limits for the at-fault driver and your own insurance company would pay the remaining $25,000 for a total of $50,000.

What about “reduced” uninsured motorist coverage? Consider the same situation discussed in the preceding paragraph but assume you purchased “reduced” uninsured motorist coverage with limits of $25,000. Here, your UM coverage is worthless. Your insurance company, the uninsured motorist insurance company, would pay nothing because the amount of coverage available under your uninsured motorist policy would be reduced by the amount of coverage available from the at-fault driver’s liability policy. In other words, your $25,000 UM limits is reduced by the $25,000 available from the at-fault driver’s liability policy. Therefore, you would recover $25,000 from the at-fault party’s liability carrier and $0 from your insurance carrier.

The lesson here is simple: Always purchase “added on” uninsured motorist coverage.

Dog Bites in Georgia – Not Dawg Bites

Dog Bites in Georgia – Not Dawg Bites

On October 3, 2015, the Georgia Bulldogs were embarrassed by the Alabama Crimson Tide in a humiliating 38-10 defeat between the hedges in Athens. Time will heal the wounds of UGA loss, but those who are attacked by dogs are not always so fortunate.

We often hear news reports of dogs attacking children:

https://www.cbs46.com/story/28723023/dog-attacks-child-at-atlanta-park
https://www.cbs46.com/story/22066382/toddler-dies-after-pit-bull-attack
https://www.ajc.com/news/news/police-boy-14-attacked-by-three-pit-bulls-in-clayt/nhQxx/

But children are not the only victims:

https://blog.dogsbite.org/2015/04/2015-dog-bite-fatality-georgia-woman-killed-by-dogs.html
https://onlineathens.com/stories/081809/new_482836253.shtml#.VhPpM5iFPIU
https://www.wtvm.com/story/29471636/report-elderly-woman-hospitalized-after-anderson-dog-attack

If you or a loved one are attacked by a dog in Georgia, you need to know your rights. If you are the owner of a dog who has shown vicious propensities, you need to know your responsibilities.

In Georgia, absent a local leash law, the owner of a dog is not under a duty to confine it until the owner becomes aware of the dog’s vicious or dangerous propensities. Once the owner of a dog knows about the dog’s dangerous propensities, the owner must take steps to restrain and prevent the dog from going at liberty.

Dog bite victims must prove three things to recover in a civil claim: (1) the dog had vicious or dangerous propensities of which the owner was aware, (2) careless management of the dog, and (3) injuries caused by the dog. The first element is the hardest to prove.

Obviously, prior incidents of the dog biting or attempting to attack other people are sufficient to prove vicious propensities as long as the owner was aware of the previous incident(s). It may also be enough to show that the owner knew that his dog had previously bitten other dogs.

Perhaps the easiest way to address the requirement that the dog owner knew of the dog’s vicious propensities is to show that the dog was required to be at heel or on a leash by a city or county ordinance. In these situations, proof of a valid “leash-law” and that the dog’s owner was not in compliance with the ordinance at the time of the attack is all that is necessary to address the “knowledge of vicious or dangerous propensity” element.

Those who undertake to restrain dogs may also be liable for attacks if they do so in a negligent manner. Examples include (i) walking a dog on a leash when the person walking the dog is not physically capable of controlling the dog or (ii) placing the dog in a fenced in area with an open gate or holes in the fence.

Don’t get me wrong, I love dogs. Always have and always will. Most are wonderful companions and enhance the quality of responsible owners’ lives. However, dog ownership carries with it the responsibility of making sure that the dog is managed properly. If you fail to properly restrain a dog when you are required to do so by a local ordinance or when you know that your dog has dangerous propensities, you may be liable for the damages if your dog attacks.
If you or a loved one have been attacked or bitten by a dog, call Williams Elleby Howard & Easter today. In many incidents, you can file a claim with the dog owner’s homeowner’s insurance company and receive compensation for your injuries.

dawg dog bite

Potentially Dangerous Crib Recall Expanded

Dangerous Crib Recall Due to Entrapment Product Liability Personal Injury Lawyer Georgia

Bexco expanded a recall of DaVinci Brand cribs due to entrapment, fall and laceration hazards. The recall is necessary because a metal bracket on the DaVinci Reagan (model #M2801), Emily (model #M4791), Jamie (model #M7301) and Jenny Lind (model #M7391) cribs can break, creating a gap or uneven sleeping surface. According to the Consumer Products Safety Commission, if the bracket breaks the child can become entrapped in the crib, fall or suffer lacerations from the broken metal bracket.

If you own one of these cribs, you should stop using it immediately and contact Bexco for a replacement mattress support which includes replacement brackets. More details related to this recall potentially dangerous product may be found at https://www.cpsc.gov/en/Recalls/2016/Bexco-Expands-Recall-of-DaVinci-Brand-Cribs/

Seth Gilliam – Dangers of Drunk Driving

Seth Gilliam – Dangers of Drunk Driving

In May of 2015, the Atlanta Journal Constitution reported that Walking Dead star, Seth Gilliam, was arrested in Peachtree City and charged with DUI, possession of marijuana, reckless driving, and speeding. With the Labor Day holiday fast approaching, drivers should keep in mind the tragic consequences that can result from drinking and driving.

According to the National Highway Traffic Administration’s National Center for Statistics and Analysis, there were 10,076 fatalities in 2013 in crashes involving a driver with a blood alcohol level of .08 or higher. On average, one alcohol-impaired-driving fatality occurred every 52 minutes in 2013. 200 of those killed were innocent children. https://www-nrd.nhtsa.dot.gov/Pubs/812102.pdf

Through its Drive Alert Arrive Alive initiative, the Georgia Department of Transportation reported that 840 traffic fatalities occurred in Georgia between January 1, 2015 and August 31, 2015. On average, that is more than 100 deaths per month!

Georgia recognizes the dire consequences that can result from drinking and driving. When someone in injured at the hands of a drunk driver, they can certainly file a lawsuit for personal injuries but they can also bring a claim for punitive damages.

Punitive damages are awarded, not as compensation to a plaintiff, but solely to punish, penalize, or deter a defendant from engaging in the behavior that caused injury. Normally these damages are “capped” at $250,000.00. However, that is not the case if the defendant caused the injury while under the influence of alcohol or drugs that are not legally prescribed. O.C.G.A. § 51-12-5.1. In other words, Georgia law does not limit the amount the amount of punitive damages that can be awarded in personal injury cases arising from the negligence of a drunk driver.