Atlanta Lawyer Accused of Violating Client’s Trust

The back view of a man in a black suit with his hands behind his back wearing handcuffs around his wrists.

For several months between 2014 and 2016, Atlanta personal injury lawyer Chalmer Detling, II, allegedly accepted loan checks in his law office that were intended to pay for his clients living expenses, medical expenses, and litigation costs. But his clients never knew about these checks, which were often for tens of thousands of dollars. Detling allegedly  used his clients’ names and personal information to apply for the loans, having the checks sent to his law office, and then pocketing the money. According to the United States Justice Department:

Detling allegedly obtained 50 fraudulent litigation advances totaling more than $383,000 in the names of 36 clients. Detling applied for the fraudulent litigation advances using personal identifying information of his clients, including their names and Social Security numbers. He allegedly submitted applications that were purportedly signed and executed by his respective clients, but Detling knew when he submitted the agreement paperwork that the clients had not actually executed the agreements.

Detling’s scheme was eventually uncovered, and in October of 2016, the Supreme Court of Georgia accepted Detling’s petition to voluntarily surrender his law license in lieu of an extensive investigation. But the consequences didn’t end there for Detling. The ex-lawyer is now facing criminal charges as a result of his conduct. In August of 2018, the United States Justice Department announced that Detling has been arraigned on seven counts of wire fraud and eight counts of aggravated identity theft. The Georgia Bar Association is assisting with the Justice Department’s investigation.

If these allegations are true, we do not know why Detling behaved the way that he did. Perhaps there are mitigating circumstances and perhaps his (ex)-clients can and will forgive him. Regardless, Detling’s conduct, if true, was illegal and constituted a serious breach of the attorney-client relationship. It was proper for both the Georgia Bar Association and the Justice Department to take action.

The Importance of Trust in the Attorney-Client Relationship

Any fraudulent behavior by an attorney is made worse by the fact that it violates the mandate of trust that attorneys have with regards to clients. When people need legal help, they place an enormous amount of trust in their attorney. It is incumbent upon attorneys to always act in their clients’ best interests and to communicate honestly with their clients. These principles form the basis for many of the specific ethics rules found in the Georgia Rules of Professional Conduct which all Georgia attorneys are bound by. Needless to say, Detling’s conduct, if true, violated many of these rules through his conduct.

Williams Elleby Howard & Easter

Williams Elleby Howard & Easter, knows that personal injury victims are often emotionally and financially vulnerable and come to their personal injury attorney to help them get much-needed compensation. The attorneys and staff at Williams Elleby Howard & Easter, strive to maintain the trust of each client, to provide the best possible service, and to maximize compensation in every case. If you have been injured in an accident, contact Williams Elleby Howard & Easter, to schedule a free case evaluation today by calling (833) LEGALGA.

 

Burn Injury? Can I Recover Damages for Permanent Scars?

A nurse wearing white gloves applying a piece of gauze to a burn wound on a leg.

Burn injuries are not only extremely painful, but all deeper burn injuries (second-degree burns or worse) heal by scarring. Although burn injuries are treatable, scarring from deeper burns will almost always be permanent. Burn scars can impact a person’s social life, self-esteem, and ability to enjoy activities. It is not uncommon for burn victims to suffer from psychological problems such as anxiety, depression, and insomnia. Fortunately, under Georgia law, burn victims injured by negligence are entitled to compensation for the harm that scarring causes.

Victims of Burn Injuries Can Recover Damages for Permanent Scars

All successful personal injury plaintiffs are entitled to compensation for both past and future medical bills and lost wages. Burn injury plaintiffs can also be awarded damages that are specifically intended to compensate for the harm caused by the pain of a burn injury and the lasting harm caused by scarring. Typically, damages for burn injury scars fall under the umbrella of pain and suffering.

Pain and suffering damages are intended to compensate a victim for the physical and emotional pain that an injury caused them. Pain and suffering damages can vary widely from case to case but are usually very high in burn injury cases. Aside from pain and suffering, plaintiffs may also be able to collect damages for future lost wages if they can prove that scarring has negatively impacted their income potential.

Quantifying Pain and Suffering Damages for Burn Injury Scars

Pain and suffering damages are difficult to quantify, and this is particularly true in burn cases. The main factors that Georgia courts will consider in determining pain and suffering damages include:

  • The severity of the burn (i.e., what degree the burn was);
  • The level of physical pain that the victim endured;
  • The impact the injury has on daily life tasks;
  • The impact the injury has on quality of life generally;
  • The impact of the injury on a person’s professional and social life;
  • Mental and emotional trauma; and
  • The egregiousness of the defendant’s actions.

The Importance of Documenting Burn Injury Scarring

It is important for burn injury victims to get thorough medical documentation of the harm that they have suffered. Courts will rely on testimony from a plaintiff as well as expert medical testimony to understand how serious an injury is according to the factors listed above. Therefore, burn injury plaintiffs should take their own personal notes documenting the ways in which scarring has impacted their lives. They should also make sure that their medical records note scarring and reflect the ways in which scarring has impacted their life.

For More Information, Contact Williams Elleby Howard & Easter

If you have suffered a burn injury due to the wrongful actions of someone else, it is crucial to be aware of your legal rights. Burn injuries can occur in auto accidents, premises liability, products liability, and other types of cases. Regardless of the type of case, the issue of damages in cases involving burn injuries can be especially contentious because it is so difficult to quantify the pain and suffering involved.

Located in Cobb County, Georgia, the experienced personal injury attorneys at Williams Elleby Howard & Easter, understand how to maximize compensation in burn injury cases and are dedicated to getting justice, offering free consultations, and fighting vigorously for each of their clients. If you would like to discuss your case, contact Williams Elleby Howard & Easter, by calling 833-LEGALGA today.

Keeping Children Safe Around Dogs

A baby sitting inside next to a dog, both are sitting in front of blurred our entry doors to a house.

Kids can be quite frustrating. The pets in your home can definitely agree. A young child may make the mistake of hitting the dog or pulling its tail. Even the most patient dogs can get a little angry at the kid. In these moments, the dog may even be tempted to bite the child. Kids and dogs can be great together, but you need to put safety over everything. Here are some tips for keeping children safe around dogs.

  1. Supervise

Young kids and dogs should not be left alone together. As the adult, it’s your responsibility to keep an eye on everything. Do not leave them alone, even for a moment. If you notice the child doing something wrong, like agitating the dog by kissing it , you can stop things before something serious happens. If something happens while you are in charge, it is your responsibility.

  1. Teach Children How to Interact With Dogs

Knowledge is power. While you want to keep an eye on the child and dog yourself, it’s even better if the child knows how to handle a dog themselves. First and foremost, children should know not to just go up and pet a strange dog. Every child should learn from a young age that they should ask politely if they want to pet a dog. Explain that some dogs are mean and some are nice. You need to ask the owner to make sure it’s a nice dog. They should also learn to approach the dog calmly and let the dog sniff them. Then, they can continue petting the dog. Make sure they don’t jump on the dog or play too rough. You should also teach your child how to recognize when a dog is not happy. One big tell is if the dog is growling or barking. If the dog is backing away, that’s also a sign it wants to be left alone. Explain that no matter how cute the dog is, you shouldn’t pet it if it doesn’t want to be pet.

  1. Pick the Right Breed

Not all breeds of dog are created equal. If you have children in your life, you should get a breed of dog known for being good with kids. Some of the most popular kid-friendly dog breeds include the Golden Retriever, Collie, Beagle, and Newfoundland. This also shows you don’t have to stick to small dogs. In fact, some of the best breeds of dogs for kids are medium to large dogs. You should also take the children with you when picking up the dog to ensure that they get along. You may even want to include them in the dog buying process. Don’t forget to search your local humane society first. It’s better to adopt than buy a pure breed dog.

  1. Send the Dog to Training School

If you have children in the house and plan to have even more, you need your dog to learn how to interact with children properly. We all know that babies and toddlers are destructive. You need to teach your dog how to handle this. One of your best options is to send you dog to training school. It will help teach your dog patience and obedience. When your baby climb on the dog’s head even after you told him not to, the dog should be trained not to get aggressive or bite.

  1. Use Reward and Punishment

Dogs and children can be trained in a similar fashion using classical conditioning. The premise of this method is to encourage proper behavior with reward and punishment. When the child or the dog does something wrong, you need to punish the guilty party to prevent that behavior from happening again. If they do the right thing, you should reward them with more play time or treats. Before long, the desired behavior will continue and any negative behavior will cease.

  1. Start Slow

Some kids take to dogs immediately. Others take a little more time. Do not feel the need to force it. Let them interact slowly until they both become fully comfortable.

Your dog is a part of your family. You want all members of your family to get along. If you follow these steps, both your child and dog will be safe. Soon, they will likely become the best of friends.

 

About the Author:

Olivia Harper is the co-founder of the blog Daily Dog Stuff. She is a reserved and passionate pet parent who loves to spend time with her Sibe, who keeps her active and social. Read more of her guides and tips by visiting the blog or following their page @dailydogstuff.

Mixed Results for Macon-Bibb’s Pedestrian Safety Review Board

A stick figure painted on a road, walking across it about the word YIELD.

Pedestrian accidents are an unfortunate reality in Bibb County and throughout Georgia. While these accidents are somewhat rare compared to collisions between two vehicles, the outcome is often far more devastating. To combat the growing trend, the County developed a Pedestrian Safety Review Board. But has this attempt been successful?

Pedestrian Accidents Nationally

In 2006 alone, nearly 6,000 pedestrians died after being struck by a motor vehicle according to the Center for Disease Control. However, these fatal accidents pale in comparison to the number of severe non-fatal injuries that occurred during the same period. Nearly 129,000 Americans sustained injuries that required a trip to the emergency room.

These numbers do not cut evenly across all demographics. Pedestrian accidents disproportionally impact children and the elderly. Older Americans make up 20 percent of all pedestrian deaths, while one out of every five children that die in a traffic crash are pedestrians.

Intoxication also plays a major role in these accidents. Drunk drivers are less likely to notice a pedestrian or react in time to prevent a crash. The result: nearly half of all fatal pedestrian accidents involve alcohol use by one or more parties.

The Review Board

Born from the idea of one county commissioner, the purpose of the Board is to reduce and eventually eliminate the currently-growing threat of pedestrian accidents. The high number of fatal accidents led the county to move forward with creating the Pedestrian Safety Review Board. The Board pulls members from a variety of departments within the county, including the sheriff’s office, zoning board, and health department.

The Review Board is not without resources. Thanks to federal grants, they have spent approximately $40,000 on their “On The Move” campaign. In addition to awareness events, these funds also paid for lighted armbands free to anyone that walks at night. In addition to those funds, the board also received roughly $10,000 from the county Sheriff and the health department. This money has gone to additional awareness campaigns including signs and billboards. The Board does more than awareness and giveaways, however. They advise the county on how to spend money that could impact pedestrian safety, like sidewalk improvements.

Are their efforts working? The jury is still out. Since the formation of the board, the number of pedestrian accidents each year has fallen slowly but steadily. However, the number of pedestrian deaths in 2018 equaled the number of fatalities in 2016 and 2017 combined. Still, this is an improvement compared to other counties in the state who have not made similar efforts.

Contact a Georgia Pedestrian Accident Attorney Today

While the Review Board’s goal is noble, it is important to note that eliminating serious pedestrian accidents is years away at best. In the meantime, pedestrian accidents will remain a sad reality. If you have suffered an injury after being hit by a vehicle, you could have a claim for monetary damages. To learn more, reach out to the attorneys at Williams Elleby Howard & Easter by calling 833-LEGALGA.

Don’t Believe the Lies about Runaway Jury Verdicts

A group of ten women and men, all looking toward their right, sitting in a woodedn jury box.

When there is a big jury verdict in a personal injury case, you hear about it in the news. But what you don’t hear about are the thousands of other cases where victims receive little to no compensation. A $10,000 jury verdict doesn’t have the shock appeal that the news today often seeks. 

Due to this disparity in reporting, it can feel like juries in Georgia personal injury cases are out of control, regularly awarding multi-million dollar verdicts in personal injury cases. This simply isn’t true. In fact, juries sometimes award those injured in personal injury cases far less than they deserve.  Rockdale Hospital v. Evans, a case that was recently decided by the Supreme Court of Georgia, is an example of such a case.

Victim Suffers Catastrophic Injuries After Hospital Discharge

In 2012, Janice Evans awoke in the middle of the night with the worst headache of her life. Nausea, vomiting, and diarrhea followed. Shaun Evans, her husband, initially believed she was suffering from a bad bout of food poisoning; when the symptoms didn’t subside in almost two days, he took her to the emergency room at Rockdale Hospital.

Mrs. Evans complained of a headache that she rated as an 8 out of 10 on the pain scale. During her entire stay, her systolic blood pressure was over 200. While high blood pressure and headaches can be signs of brain bleeding, no one focused on the root cause of her pain.

After being discharged, Mrs. Evans continued to suffer from nausea, vomiting, and headaches. On January 22, 2012, Mr. Evans called 911 when Mrs. Evans was unable to get up from the couch. It was eventually determined that she had a blood clot in her brain and had suffered several strokes caused by a ruptured aneurysm. She underwent multiple surgeries in subsequent months. 

Unfortunately, Mrs. Evans never recovered. She is now permanently disabled and requires 24-hour care. She utilizes a feeding tube, cannot speak, and has severe cognitive and physical impairments.

Jury Awards $0 For Pain and Suffering

Mr. Evans brought suit against Rockdale Hospital for medical malpractice and loss of consortium. The Hospital defended itself by pointing the finger at the victim for not seeking care early enough and claiming that pre-existing conditions were to blame.

Following trial, the jury awarded $1.2 million for Mrs. Evans’ past medical expenses. However, the jury found that Mrs. Evans was not entitled to any compensation for future medical expenses, future lost wages, or for past or future pain and suffering. The trial court upheld the verdict.

Appellate Court’s Attempt to Do Justice is Thwarted

The jury’s decision to find the hospital liable for Mrs. Evans’ medical expenses, but award no compensation for pain and suffering, makes no sense, particularly given how catastrophic her injuries were. The Evans’ attorneys agreed and appealed the decision. The appellate court also agreed, holding that the award of $0 for pain and suffering was “clearly inadequate.”

Rockdale Hospital appealed the appellate court’s decision to the Supreme Court of Georgia. Unfortunately, the Supreme Court of Georgia reversed the Court of Appeals. Relying largely on the text of Georgia Code OCGA § 51-12-12, the Court held that approving the jury verdict was not an abuse of the trial court’s discretion and should be upheld.

The fact that Mrs. Evans will receive no compensation for her pain and suffering is a miscarriage of justice, but her case underscores the importance of bringing a strong medical malpractice case at the trial level. It also serves as a reminder of the people who suffer when juries return unreasonably low verdicts. To learn more about medical malpractice cases in Georgia, you can view this video by attorney Joel Williams, founder of Williams Elleby Howard & Easter.

If you have been injured in an accident and think someone else is at fault, the Georgia trial attorneys at Williams Elleby Howard & Easter would like to help you understand your situation and options. Call us at 833-LEGALGA to schedule a free consultation.

Williams Elleby Howard & Easter Personal Injury Law Firm Expands with Second Office Location

Business logo for Williams Elleby a personal injury and wrongul death law firm.

Cobb County, GA –- Kennesaw-based personal injury law firm Williams Elleby Howard & Easter has opened its second office location in Cobb County. The firm plans to celebrate a grand opening later this year. The decision to expand was made with client needs in mind.

“We are excited to offer a second location to better connect with our clients throughout Cobb County,” said Joel Williams, partner. “Clients come to us in some of the toughest moments of their lives. We want to do everything in our power to make the process of navigating a personal injury as easy as possible. We hope having a second office makes it that much easier for clients to find and meet with our team.”

The new office is located at 3450 Acworth Due West Road, Building 600, Suite 610 in Kennesaw. The original office, located at 3900 Frey Road, Suite 100 in Kennesaw, will remain the firm’s satellite office.

Joel Williams and Chase Elleby are partners at Williams Elleby Howard & Easter and together, they litigate serious injury and wrongful death cases throughout the state of Georgia. They represent clients who have sustained injuries from situations including moving vehicle accidents, medical malpractice, daycare and elder care injuries.

Both Williams and Elleby were selected Super Lawyers Rising Stars in the state of Georgia for their work advocating for their clients. The selection to the 2020 list marks Williams’s eighth consecutive year and Elleby’s second year.

For more information about the firm, visit www.gatrialattorney.com or follow the firm on YouTube, Facebook, Instagram, LinkedIn and Twitter.

Tips for an Enjoyable Winter Road Trip in Georgia

Snow falling and a curved line of cars sitting in traffic, with slushy snow on the road.

If you plan to travel over Georgia roads this year, check out our tips for a safe and enjoyable winter road trip. Christmas is fast approaching. Outside of gift-giving, if there is one thing that is synonymous with Christmas it is family road trips. Traveling to visit friends and family is a big part of the holidays for many. That said, some road trips turn into disaster when basic safety rules are ignored. Here are some important tips to keep in mind before you set on your holiday travels.

1. Be Prepared

Your best chance of enjoying your winter road trip and arriving safely requires you to plan ahead. It starts with ensuring your vehicle is in good working order. Check your tire pressure, coolant, and oil levels. If you are due for service, take your vehicle in before your trip is set to begin. Finally, give your car a thorough clean. You want your passengers in a pleasant mood, and nobody wants to be surrounded by trash on a long trip.

2. Plan Your Trip in Advance

It is best to know your route well before you load up your vehicle. If you are driving somewhere new, it is worth carefully reviewing your travel plan. That said, even travelers heading to a familiar location should do some cursory research. Many mobile apps will advise you of hazards like construction you might not be aware of.

3. Prepare for Winter Weather

This tip doesn’t may not apply if you are headed to Key West for Christmas, but for everyone else planning for the cold is important. While unlikely, it is possible that you could be stranded by extreme weather or car trouble. When this happens, you will be thankful for packing ample warm clothing, blankets, booster cables, and even flares. Check the weather before you begin your trip at the Weather Channel’s website.

4. Avoid Distraction

This tip is helpful during any time of the year but is especially true when so many other motorists are on the road. Distracted driving is a real problem, and resulted in more than 3,100 fatalities in 2017 alone. Avoid texting or using a mobile device entirely unless it is equipped with a hands-free option. Limit the attention you pay to your infotainment center and even your passengers when possible. After all, as the driver, it is your job to get everyone there safely.

5. Keep Kids Content

One of the easiest ways to keep child-related distractions to a minimum is to ensure they are entertained. For most kids, this starts with snacks. In addition to packing plenty of snacks, having games or movies available will also save you a lot of stress. If you celebrate the holidays with gift giving, having a small present for them to open during the trip is a good way to distract them and to reward good behavior!

Involved in a Georgia Holiday Accident?

Hopefully, these tips help you to safely enjoy the holidays this year. However, if you are injured in a vehicle collision during the holidays, you might have a claim for compensation. To discuss your options with a Georgia trial attorney, contact Williams Elleby Howard & Easter as soon as possible at 833-LEGALGA.

PTSD: What to Look For After a Georgia Car Accident

Sad man sitting down with his head propped in his hand.

Post-traumatic stress disorder, or PTSD, is a mental health disorder that is triggered by a dangerous or shocking event, including Georgia car accidents.  PTSD is commonly associated with military veterans returning from war, but military members are not the only ones who can suffer from PTSD. Anyone can experience PTSD after a traumatic event.

About 8% of Americans suffer from PTSD at least once during their lives. Motor vehicle accidents are the most common cause of PTSD in the general population but any traumatic accident can cause PTSD. Those directly involved in the accident and those who witnessed the accident can develop PTSD.

If you or a loved one has experienced or witnessed an accident, you should be aware of the signs of PTSD and know what to do if they develop.

Signs of Post-Accident PTSD

It could be days, weeks, or even months after an accident before symptoms of PTSD become apparent. The following are some of the common signs and symptoms of PTSD following an accident:

  • Unexpected or recurring flashbacks of the accident.
  • No memory of certain parts of the accident.
  • Nightmares or other sleeping difficulties.
  • Difficulty concentrating.
  • Avoidance of reminders of the event, for example, avoiding driving after a car accident.
  • Avoidance of feelings related to the accident.
  • Negative mood changes such as decreased interest in hobbies and leisure activities, as well as overly negative thoughts about self and others.
  • Persistent feeling of being on edge.
  • Emotional outbursts.
  • Being easily startled, e.g., jumping when a loud noise is heard.
  • Physical manifestations of stress such as hair loss, fragile nails, headaches, weight loss, and neck and should aches.
  • Panic attacks.
  • Physical of arousal such as higher heart rate, sweating, and shortness of breath when at rest.
  • Substance abuse.

PTSD does not require all of these signs and symptoms to be present and can manifest in other ways as well. PTSD shows up differently in different people.

What to Do for Post-Accident PTSD

If you or a loved one are experiencing any signs of PTSD, you should seek medical treatment immediately. Contact a mental health professional directly or make an appointment with your primary care physician who can refer you to the appropriate mental health care professional. If immediate help is needed, call the 24/7 Georgia Crisis Hotline at (800) 715-4225. Whomever you reach out to, do it as soon as possible. PTSD is a very treatable disorder but can have devastating consequences if left untreated.

You should also tell your Georgia accident attorney if your PTSD symptoms are present or if there has been a PTSD diagnosis. The cost of PTSD care and treatment may be recoverable as part of damages in your personal injury case, but your attorney has to know about it to help you receive the compensation you are entitled too.

At Williams Elleby Howard & Easter, we understand that the mental suffering caused by traumatic accidents can continue long after the accident itself is over.  Georgia law allows PTSD victims to recover for their pain and suffering and Williams Elleby Howard & Easter works hart to ensure that those impacted by accidents are fully compensated. If you or a loved one has been in an accident in Georgia, call (833) LEGALGA to schedule a free consultation with our team.

Georgia Car Accident Amnesia & Lawsuits: Can You Sue?

Female patient in a hospital bed holdong her face.

For the survivors of a traumatic car accident in Georgia, the memories of the event can haunt them for years to come. However, when a crash involves a head injury, it can often render a victim unconscious. Unconscious head injury victims may suffer permanent health consequences. Even with less severe injuries, the victim may have little to no recollection of the accident or the immediate aftermath. But the lack of memory relating to the crash will not prevent you from filing a lawsuit.

The Right to File Suit

If you suffered injuries in a Georgia car accident that was caused by someone else, you have the right to seek financial compensation from the responsible driver. This is the case even if you do not remember the collision. In fact, your attorney could put on a winning case at trial without you remembering anything about the crash.

In a typical negligence case, the testimony of the injury victim plays a central role at trial. However, if you are unable to remember the crash, there is often other evidence available. If the crash was recorded by street cameras or security video, the tape of the crash could be powerful evidence. Independent eyewitnesses are also an important part of any trial. In some cases, a witness could testify if the other driver made incriminating statements or admitted fault for the crash.

The physical evidence at the scene can play a major part in establishing liability. Accident reconstruction experts can review the scene of the crash and determine exactly where the vehicles were before they came to rest. It is hard to pursue claims when you don’t remember the accident but recovery is possible with the right legal counsel by your side.

Time Limit to File Suit

Every lawsuit in Georgia must be filed within statute of limitations. The statue of limitations is the mandatory deadline for the filing of a lawsuit. Compliance with the statute is important because the court has the power to dismiss a lawsuit if it was filed after the deadline expires.

Most personal injury lawsuits resulting from a car accident must be filed within two years of the crash. This deadline is especially critical if you lack any memory of the accident because your attorney will need additional time to investigate your claim.

How a Georgia Car Accident Lawyer Can Help

The more information about an accident you can provide, the better your chance of recovering compensation will be. However, assisting in your own claim can be challenging if you are unable to remember anything. In this situation, having the help of an experienced Georgia car accident attorney can go a long way in building a winning case. If you are ready to proceed with your injury claim, call an attorney at Williams Elleby Howard & Easter to schedule a free consultation by dialing (833) LEGALGA.  At your free consultation, you can discuss your concerns about your memory and ask questions about how our firm would approach your case.

Keeping You and Your Family Safe as Georgia Nights Grow Longer

A clock in front of a fall background with the title, "Time to Fall Back."

Keeping your family safe as Georgia nights grow longer is an important goal for every parent.   On November 3, 2019, we will move our clocks back and daylight will be reduced by an hour all at once.  The days will continue to get shorter until December 21st, which will be the shortest day of the year in Georgia.

The short days and long nights can be a drag.  It’s natural to feel more tired and less motivated.  These longer nights also bring some increased dangers.  Follow this advice to stay safe during the longer winter nights.

Night Driving

Shorter days mean more night driving.  Very few people love driving at night, and for good reason.  Visibility is more difficult and darkness cues your body to feel more tired. Only 25% of driving is done at night, but 50% of driving deaths occur at night.  The good news is there are things you can do to decrease your risk of being in a car accident at night. 

The following are some tips for safer night driving:

  • Clean your windshield regularly to avoid blinding or vision-impairing glare.
  • Don’t drive when you are tired or after you have been drinking.
  • Take an Uber or another rideshare if you have any doubt about your capacity to drive.
  • Avoid distractions like talking on the phone, eating, or looking for items while driving.
  • Check that all of your car lights are in good repair.
  • Replace your windshield wipers so you don’t smear your windshield and create vision problems when it rains.
  • Keep an eye out for wildlife which you can sometimes spot by the reflection in their eyes.
  • Don’t stare directly into oncoming lights.
  • Dim your dashboard lights.
  • Wear your glasses if you need them.

Leaving and Returning in the Dark

Short days mean you’ll be leaving and returning home in the dark more often. The darkness makes it easier for a criminal to sneak up on you and get away before you or someone else can identify them.

The following are a few tips to help you stay safe when you are coming and going from an apartment or business in the dark:

  • Be aware of your surroundings; don’t look at your phone or use headphones when walking around your apartment complex.
  • Don’t sit in your car for long periods.
  • Always lock your car and apartment doors.
  • Park in well-lit areas.
  • Walk to and from your car in well-lit areas.
  • Get to know your neighbors and watch out for each other.
  • Report suspicious activity around your apartment to the police.
  • Avoid businesses with dark parking lots.

In addition to following these best practices, you should immediately report any dangerous conditions at your apartment complex to your property owner or manager.  For example, if lightbulbs are out in the parking lot, report it. If the guard gate to your apartment complex is broken, report it.  If you’ve heard about an increase in criminal activity at your apartment complex, report it. 

Premises liability law requires that property managers and owners take reasonable steps to remove dangerous conditions that they know about on their property,  If they fail to adequately respond to a safety issue, they may be liable if a crime that occurs.  For example, after a shooting in the Brookhaven complex in Atlanta, Georgia, a lawsuit was brought against the property management company because they failed to fix a gate that had been broken for a long period of time.

Walking at Night

With shorter days, there’s a greater likelihood that you and your family members will be walking at night. You might go on family walks for exercise, to get the dogs out of the house,  or just to get some fresh air.  The reduced visibility at night can increase the likelihood of tripping and falling, being hit by a car, or becoming the victim of a crime, but don’t let fear deter you. If you are cautious, walking after dark can be both safe and fun.

The following are some tips for walking safely at night:

  • Wear light or reflective clothing so you are more visible.
  • Know your route and avoid areas with a reputation for being dangerous.
  • Stay alert and watch where you are walking.
  • Don’t use headphones or play on your phone.
  • Bring a flashlight or use a headlamp.
  • Tell someone where you are going and check-in with them when you arrive.
  • Stay in well-lit areas.
  • Walk with others or a pet when possible.
  • Walk with confidence.
  • Cross the street or change your path if you see someone suspicious.
  • Do not make aggressive comments towards other people or drivers.
  • Call the local police if you see a crime or suspicious activity.

If you’ve suffered a personal injury in Georgia, whether at night or during the day, the attorneys at Williams Elleby Howard & Easter would be happy to meet with you to help you understand your legal rights and options. Call us at 833-LEGALGA to schedule a free consultation with one of our experienced personal injury attorneys.