Bicycle Wrecks

bicycle accident wreck injured

Each year in the United States there are hundreds of thousands of accidents between automobiles and bicycles. Because of their vulnerable position, these accidents often have severe consequences for the cyclists involved. It is crucial for both motorists and cyclists to understand their rights and duties under Georgia law.

If you have been injured in a bicycle wreck and someone else was at fault, you need a qualified and experienced bicycle wreck injury attorney to represent you. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To discuss your case, contact Williams Elleby Howard & Easter, to schedule a free case evaluation today online or by calling 833-LEGALGA.

Duties of Motorists and Cyclists to Each Other

Motorists and cyclists each have a duty to act with reasonable care while on the road. Drivers, as well as cyclists, must follow the “rules of the road” outlined by Title 40, Chapter 6 of the Georgia Code. If either a cyclist or motorist violates a traffic law, they can be considered at-fault in an accident. In some cases both parties are at-fault, and the issue becomes determining to what degree each party was at fault.

Specific Laws Applying to Cyclists

There are a few specific laws that apply to cyclists in Georgia. These are found in Chapter 6 Article 13 Part 1. Under O.C.G.A. § 40-6-294, “every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling.” This generally means a cyclist must remain in a bike lane or on the shoulder of the road unless they are turning left; however it is important to note that if there is a “hazard to safe cycling” then cyclists are allowed to move into the main lane of traffic temporarily.
Bicycles must only be used by one person at a time, unless it is designed to carry more than one person. When riding at night, bicycles must have a white light in the front and a red light or reflector on the back. Adults are not required to wear helmets when riding a bicycle; however children under the age of 16 are required to wear a helmet. Cyclists should also remember that riding a bicycle while legally intoxicated is illegal.

If You Have Been in a Bicycle Wreck, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Bicycle wreck accidents claims, like other types of personal injury claims, can be complex. It is imperative for victims of harm to have qualified and experienced legal counsel on their side. A Kennesaw, Ga personal injury attorney that understands bicycle wreck cases and is familiar with local courts can ensure that your compensation is maximized.

If you have been involved in a bicycle wreck, the qualified bicycle wreck attorneys at Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. If you would like more information, Williams Elleby Howard & Easter, is here to help. Call today to schedule your free consultation at 833-LEGALGA.

Boating Accident Attorneys Kennesaw, GA

boat accident attorney Georgia

When people think of personal injury claims, the first thing that comes to mind is usually auto accidents, however boating accident claims are also frequently filed in Georgia. If you have been injured in a boating accident and someone else is at fault, it is important to have a qualified and experienced boating accident attorney represent you. The attorneys at Williams Elleby Howard & Easter, have developed a deep knowledge of boating accident claims in Georgia.

Kennesaw, GA Personal Injury Attorney Joel Williams and his team have recovered millions of dollars for clients in personal injury cases. Williams Elleby Howard & Easter, offers free case evaluations. If you have been injured in a boating accident because someone else made a mistake, contact Williams Elleby Howard & Easter, to schedule your free consultation online or by calling 833-LEGALGA.

COMMON CAUSES OF BOATING ACCIDENTS IN GEORGIA

• Alcohol. Boating and alcohol do not go well together. Unfortunately, accidents involving alcohol pop up in the news all too often. Under the Georgia Boat Safety Act, “operating any boat, sailboat, personal watercraft, water skis, sailboard or similar device while intoxicated” at over the legal limit of .08 BAC is a crime. If you have been injured because someone else irresponsibly consumed too much alcoholbefore boating, you are entitled to compensation for your harm.

• Negligent or reckless operation of a watercraft. Many accidents occur because the boat operator was going too fast, too close to other watercraft, or wasn’t paying attention to where they were going. In some of these cases, the boat operator simply didn’t know what he or she was doing. While it is understandable to make reasonable mistakes, it is unacceptable for a person to attempt to operate a boat or other watercraft when they lack the knowledge to do so safely.

• Overloading or improper loading. Some accidents occur because a boat was overloaded or improperly loaded. A boat that is overloaded is at risk of capsizing. Overloading or improperly loading a boat constitutes negligent operation in Georgia.

• Watercraft defects. Manufacturing or design defects sometimes cause watercraft to be dangerous to use. If you have been injured because of a defective product, you have a right to bring a products liability claim to attain compensation for your harm.

• Life vests were not worn. Failing to wear a life vest may not cause a boating accident, but it can make the consequences much worse. A government study recently found that operators wearing a life jacket were 80 percent less likely to die in the event of a boating accident.

For More Information, Contact Williams Elleby Howard & Easter

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

One Dead After 8-Car Accident on I-16 in Twiggs County

victim accident dead attorney

Early on the morning of September 2, 2017, an 8-car accident claimed the life of one person on the eastbound lane of I-16 near exit 18. The Twiggs County Sheriff’s Office reported that six other victims were sent to the hospital. The interstate was shut down for several hours following the crash.

Because driving an automobile is something most of us do every day, it is easy to forget just how dangerous an activity it is. According to the Georgia Governor’s Office of Highway Safety, there are more than 115,000 injuries due to auto accidents each year on Georgia roadways. It is important to remember how dangerous driving can be and remain alert and focused behind the wheel.

As Sergeant Bert Clifton of the Georgia State Patrol stated following the September 2 crash on I-16: “Wear your seat belt, slow down, don’t be distracted, don’t be texting and driving, and give plenty of time to get to where you’re going. Nothing’s worth getting into a crash and not making it to your destination.”

Common Causes of Accidents in Georgia

• Speeding. Traffic can be frustrating, but it is important to be patient when you are driving. Defensive driving is one of the most important thing drivers can do to avoid car accidents. Most of us occasionally go slightly over the speed limit from time to time, but speeding is a terrible habit. Not only does speeding raise the chances of an accident occurring, but if you are speeding it can create a presumption that you were at fault if an accident does occur.

• Fatigued driving. Everyone knows that driving while intoxicated poses a huge risk, but many fail to also understand that driving while fatigued can be dangerous as well. The National Highway Traffic Safety Administration estimates that tens of thousands of accidents are caused by drowsy driving each year.

• Distracted driving. Always stay focused. When people use their cell phones to text, check email, or go online while driving they put themselves and everyone else on the road at risk. Moreover, texting or reading messages from the Internet on a phone while driving is against the law in Georgia.

For More Information, Contact Williams Elleby Howard & Easter

Even when you do everything right, accidents can still happen because of another person’s negligence. Driving is an inherently dangerous activity. If you or a loved one has been injured in an auto accident, it is imperative that you are aware of your legal rights and options. A qualified and experienced auto accident attorney can help you get the compensation you deserve.

The experienced personal injury legal team at Williams Elleby Howard & Easter, is dedicated to helping injury victims and their family members get justice. The Joel Williams car accident legal team has deep knowledge of Georgia auto accident law, Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. Don’t hesitate to call today to discuss your case and schedule a complimentary case assessment. Call Williams Elleby Howard & Easter, at 833-LEGALGA to schedule your consultation today.

Georgia Child Booster Seat Laws

booster seat car children law

In 2002, John Creeks resident Jenny Harty was traveling with her husband and two small children when their car was struck by an SUV in rural Georgia. She told the Atlanta Journal-Constitution, “a logging truck ran the stop sign, ignored the rumble strips and hit the tail end of [an oncoming] SUV. And the SUV lost control, hit us and literally shaved off the left side of our van.” Nobody was killed in the accident, but six-year-old Abby Harty was injured and five-year-old Madison Harty needed five surgeries to repair her arm. According to reports, the children’s booster seats “absolutely” saved their lives.

Since that the accident, Jenny Hart has been a staunch advocate for tougher child passenger safety laws in Georgia. She became a car seat technician and has worked with Georgia legislators to get new safety measures passed. Her efforts – and the efforts of like-minded safety advocates – have largely been successful. Georgia used to have somewhat lax child passenger safety laws, but now has laws requiring the use of child seats that are in-line with federal National Highway Traffic Safety Administration standards.

Just like the Georgia law requiring drivers and front seat passengers to wear a seat belt, the law requiring children to be secured in car seats or booster seats is intended to save lives in the event of an auto accident.

Georgia Child Passenger Safety Law

Under Title 40 Chapter 8 Section 76 of the Official Code of Georgia, children under the age of 8 years old are required to sit in a car seat or booster seat. These car or booster seats must be secured in the rear seat, but appropriate for the child’s height and weight, and meet all U.S. federal standards. However, there is an exemption for children under 8 that have a height of over 4’9”.

The precise requirements of the Georgia car seat laws are as follows:

• Children under the age of 4 and under 20 lbs must be in a rear-facing car seat.

• Once a child is over the age of 1 and weighs over 20 lbs, they must be placed in a rear-facing or forward-facing car seat.

• Children aged 4-7 must be placed in a rear or forward facing car seat if they weigh less than 40 lbs.

• Children aged 4-7 that weigh more than 40 lbs must be placed in a forward-facing car seat or a booster seat plus lap and shoulder belt.

The Georgia Office of Highway Safety also recommends that children remain in a booster seat until they are big enough to fit properly in a seat belt.

For More Information, Contact Williams Elleby Howard & Easter

The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to helping auto accident victims get the compensation they deserve. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the State of Georgia. If you would like more information about Georgia’s child safety passenger laws or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA to schedule a free personal injury consultation today.

Local Lawmaker Wants to Alter Distracted Driving Law in Wake of Police Stings

distracted driving accident law attorney

In an effort to reduce traffic accidents, Georgia legislators passed a law cracking down on distracted driving in 2010. Under the law, it is illegal to “write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data” while operating a motor vehicle on a public Georgia roadway. Officers have already given thousands of citations to drivers that were on their cell phones in various sting operations across the state.

While the law can no doubt help make Georgia roadways safer, some feel it goes too far. In particular, the prohibition on texting applies to anyone operating a motor vehicle rather than to anyone driving a motor vehicle. This distinction becomes significant when a person is in the driver’s seat of a running car that is stopped or parked. As written, the law permits officers to cite drivers that text when they are stopped at traffic lights, and possibly even while they are completely parked on the side of the road, because the drivers would still be “operating” the vehicle.

Proposed Legislation Could Limit the Prohibition Against Texting to Only Apply When Vehicles are Moving

It has been reported that lawmaker John Pezold (R) has a plan to introduce legislation that would limit the anti-texting law to apply only when a vehicle is moving. After all, if a vehicle is not moving, what does it matter if a driver is distracted? They could fail to accelerate right away when a light turns green, which could be a traffic annoyance, but that isn’t likely to be a major safety concern.

But there are some staunch opponents to Pezold’s proposal. They argue that even when a vehicle is stopped, it is important for drivers to maintain awareness of their surroundings. Moreover, that the distraction presented by texting or emailing lasts far longer than the mere moment that a person spends reading or typing out their message. There are some studies that back this idea up, with one 2015 study concluding that “texting at the light may decrease so-called ‘situational awareness’ and lead to driving errors even after the device is put down.”

Lawmakers will have to carefully weigh the risks and benefits of permitting drivers to text, email, and use the Internet while they are stopped at lights or in traffic. While it is a convenient freedom to have – and while it is certainly a safer practice than doing those things while on the move – there are still risks that need to be considered.

Regardless of how the law evolves, Georgia drivers should always try to pay attention when behind the wheel and avoid distractions whenever possible. And, unless and until the law changes, Georgia drivers should remember that it is illegal to text, email, or use the Internet on their phones even when they are stopped at a light.

For More Information, Contact Williams Elleby Howard & Easter

The Williams Elleby Howard & Easter personal injury legal team encourages all Georgia drivers to be cautious and attentive when behind the wheel. When accidents do occur, Williams Elleby Howard & Easter, helps traffic accident victims throughout the State of Georgia get the compensation they deserve. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

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.

Four Basic Safety Tips for Summertime Activities in Cobb County

summer activities safety tips

Four Basic Safety Tips for Summertime Activities in Cobb County

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

1. Stay Hydrated

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

2. Prioritize Safety Around Water

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

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

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

4. Make Sure Your Kids Follow Safety Rules

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

Contact Williams Elleby Howard & Easter, for More Information

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

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

construction I-85 I-20 Atlanta

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

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

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

The main road closures include:

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

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

Buckling of I-20

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

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

Your Personal Injury Case

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

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

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

Sources:

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

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

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

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

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

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

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

Traumatic Brain Injuries Alter How Children Interact with Parents

A young child wearing a blue hospital gown, sleeping in a hospital bed with a nurse in red scrubs and a woman wearing a teal sweater, standing in the background, near the hospital bed having a conversation.

Traumatic Brain Injuries Alter How Children Interact With Parents

Two percent of children under the age of five have suffered from a concussion. That’s 1 out of 50 who have experienced a traumatic brain injury as a result of a slip and fall, car wreck, or other injury. Aside from affecting the child’s ability to perform everyday functions and learn, traumatic brain injuries also alter how the child interacts with his or her parents. We’ve discussed what traumatic brain injuries are in the past; today we want to focus on how these personal injuries can affect your child’s relationship and interactions with you and your family.

Emotional and Behavioral Changes

A child’s behavior and emotions can change considerably after a concussion. Below are some examples we’ve seen in our years representing Georgia children with brain injuries:

  • A child can act out when he becomes frustrated because they cannot remember things as well as they did before;
  • The child’s attention span can be limited, so they can have difficulties focusing in general or on certain tasks;
  • Loss of self-awareness can occur: A child cannot or does not realize they cannot do some things they were once able to do before an injury. For example, they may have lost their “filter,” so they speak without thinking, which hurts you or their siblings as a result;
  • A child suffering from a traumatic brain injury can be diagnosed with Post Traumatic Stress Disorder after a car accident. They may now have panic attacks or become triggered by certain situations they were once comfortable in; and
  • Depression and anxiety are common in children with brain injuries. These disorders can manifest themselves through aggression, isolation, or increased irritability.

Effects on Family

While the behavioral changes of the injured child have the most impact on family dynamics, there are other factors and considerations as well. External stressors, such as medical bills and therapy, cause parents to become increasingly irritable or frustrated. If a child’s brain injury is severe and requires constant attention, then siblings may feel left out or unloved. If the parents or siblings were involved in the same accident as the injured child but were not injured themselves, they could suffer from survivor’s guilt.

It’s important to note that regardless of any effects this injury has on your family, you are not at fault for these changes; someone else caused this to happen to your child. All of these effects and changes are normal, and there is no shame in having any of these thoughts or feelings.

Treatment Options

A traumatic brain injury, whether mild or severe, takes an extreme toll on a family. The injured child, parents, and family members suffer differently due to the increased stress or needs placed on them. Should your child exhibit behavioral changes lasting longer than a few weeks, consider professional counseling. Family therapy may also be beneficial to minimize the effects of the brain injury on your loved ones.

Contact Us

We hope you never have to deal with the emotional stress of having a brain injured child. However, if you or a loved one needs assistance, our experienced Georgia personal injury attorneys are here to help. To schedule your free consultation at our Kennesaw office, please call Joel Williams at  833-LEGALGA.  If you are unable to come to us, we can come to you.