Bad Weather and Narrow Roads Increase Risks of Truck Accidents

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One Dead in Covington Dump Truck Accident

A truck accident in Covington left one dead after two dump trucks drove off a bridge, The Atlanta Journal-Constitution reports. The two trucks were operated by the same company, and the drivers were friends. The second truck driver, who was from New Jersey and unfamiliar with the area, was following the first truck driver to pick up asphalt.

Heavy Rain and Narrow Bridge Send Two Old Friends into Yellow River

The lead driver came to a stop before crossing the narrow bridge to make way for another truck coming the opposite direction, according to NBC 11-Alive Atlanta. The second truck collided with the first from behind, and both trucks went off the side of the bridge into the Yellow River near I-20. Officials believed that heavy rain may have contributed to the accident. The truck accident threw Neil Gayle, the second driver, from his vehicle, which landed on top of him in the river. First responders found his body when they moved the truck. The other driver was hospitalized, but did not suffer any life-threatening injuries.

Adverse Conditions Need Special Care from Truck Drivers

Accidents involving large trucks are more likely to lead to fatalities. Because trucks, especially trucks hauling heavy materials, have many times more mass than a normal passenger vehicle, they require much greater stopping distance to prevent collisions. Adverse conditions like heavy rain require even greater stopping distances in order to avoid accidents. The stopping distance for a large truck driving 60 miles per hour can be longer than a football field. When rain or ice causes slippery conditions, stopping distance doubles. Sudden stops, like those that arise from unexpected road and traffic conditions, can lead to fatal accidents when a large truck is behind you and can’t stop in time.

Careless Truckers Are Liable for Accidents

Georgia law requires drivers to take reasonable care to avoid causing injuries to others on the road. This includes following all of the rules of the road while driving. Because maintaining proper stopping distance is required by law, failing to do so can result in liability for negligence in a lawsuit. This means that drivers in slippery conditions have a duty to reduce their speed to allow time to stop if the need arises. If drivers don’t do so and an accident results, they may be liable for the injuries that result. If a driver is on-duty when the accident occurs, their employer may be liable for the damages. If the victim does not survive the accident, their family members may sue the company who employed the driver for wrongful death.

Get Expert Legal Help

If you or someone you know has been in a car accident, you will need legal help as soon as possible. Get in touch with an experienced truck accident attorney at Williams Elleby Howard & Easter in Cobb County and find out more about your options.

Cities May Be Liable for Bad Roads that Cause Accidents

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Midtown Neighborhood Gets Improved Pedestrian, Cyclist Safety

Atlanta just approved a plan for a new bike and pedestrian corridor, The Atlanta Journal-Constitution reports. The project to prevent car accidents would widen sidewalks and improve intersections in the Midtown neighborhood. The changes would affect Juniper and Spring streets between Ponce de Leon Avenue and 14th Street. Intersections will get new crosswalk signals, repainted crosswalks and anti-skid surfacing.

Cyclist Deaths on the Rise

Juniper Street will also receive a barrier-separated bike lane, The number of lanes on the street will be reduced from four to two. Many of these improvements are intended to improve safety for cyclists. They need all the help they can get: according to the National Highway Transit Safety Administration, over 700 cyclists died in car accidents in 2013, and over 48,000 were injured. Bicycle fatalities increased every year from 2011-2013.

Savannah Cyclist Survivors Sue City over Road Conditions

If dangerous road conditions lead to a bicycle accident, who is responsible? It may be the city. A cyclist’s family sued the city of Savannah last month after dangerous road conditions lead to an accident that killed the cyclist. Her bicycle hit a crack in the road that caused her to fall off of her bicycle onto the road, where she was run over by a dump truck, WSAV Savannah reports. The driver was following the rules of the road, and did not face any criminal charges.

Cities Might Be Liable for Bad Roads

In Georgia, the law requires government entities to exercise reasonable care to prevent injury. However, they are immune from liability as long as they are fulfilling their duties as described by the law. However, Georgia courts have previously held that a government agency may be held liable if they fail to carry out their duties as described by law. Specifically, if a state agency fails to maintain roads to specifications in the Georgia Code, they may be liable for damages in a negligence lawsuit. This means that in some cases, the city or state may have to pay damages for an accident caused by poor road conditions if they failed to maintain the roads as the state law requires.

The Georgia Code provides a specific immunity for state and city governments against lawsuits that seek to hold the government liable for road designs that lead to car accidents. For the government to benefit from this immunity, they need to prove that the road was designed according to generally-accepted engineering principles. If they fail to do so, they might be liable for a road redesign that leads to accidents.

Get Legal Assistance

If you or someone you know has been in a car, bicycle or pedestrian accident, you need legal advice. Get in touch with a car accident attorney at Williams Elleby Howard & Easter today and get the compensation you deserve.

Pokemon Go May Lead to Negligence Lawsuits

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Cobb County Cops on Lookout for Pokemon Go Players

Law enforcement agencies in Cobb County are on the lookout for people playing Pokemon Go, the new mobile game sensation, according to The Atlanta Journal-Constitution. The game requires players to travel to specific locations in order to collect Pokemon characters, which appear on their mobile device. They are watching for distracted drivers or pedestrians walking in the street. Police in Marietta have increased their patrols in response to safety concerns surrounding the game.

Mobile Game Causes Accidents

The game has already caused some problems in the area. CBS 46 News reports that a local man damaged a light pole while climbing it in pursuit of a virtual Pokemon character. The man did not suffer any personal injuries. The man was in Marietta Square during a Pokemon Go special event, along with several hundred others. In other parts of the country, the game has led to even more dangerous situations. Two men in Encinitas, California nearly died after falling off a cliff in pursuit of the virtual creatures. Last week, a man in Auburn caused an auto accident when he crashed his car into a tree while playing the game, according to USA Today.

Distracted Driving Leads to 1 in 5 Car Accidents

Any activity that requires you to use your phone can lead to distraction, and distraction leads to accidents. According to the National Safety Council, cell phone use is involved in about 26% of all car accidents in 2014. Research indicates that texting and talking are both equally distracting to drivers. According to the National Safety Council, cell phone use that leads to car accidents is probably underreported. Research from the National Highway Transit Safety Administration shows that common situations leading to auto-pedestrian accidents include distracted pedestrians and ones who enter traffic suddenly or against the light.

Georgia Law Holds Distracted Drivers Liable

The law in Georgia requires drivers to take reasonable care to prevent injury to others. If a driver is texting or using a mobile application on their phone that causes them to be distracted, they may be liable for negligence if an accident results. Even if the other person is partially at fault, the driver may be partly liable for injuries if the driver was distracted and failed to follow the rules of the road. For example, even if a pedestrian crosses against the light, a driver who is not paying attention because of their phone and hits the pedestrian may be liable for negligence.

Get Legal Advice

If you or someone you love has been injured in a car accident, you will need legal advice immediately. Call an experienced car accident attorney at Williams Elleby Howard & Easter in Cobb County today and find out more about your options.

Marietta Woman Runs Over 2-Year-Old Girl

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Infant Dies From Injuries

A two-year-old girl died in a car accident Tuesday, July 19 when a local woman backed over her, NBC 11 Alive Atlanta reports. The accident occurred at the 2700 block of Greencastle way in Marietta. The driver, a 57-year-old local resident, was exiting her driveway in her SUV when she struck the child, who suffered severe injuries. The child died after she was airlifted to Children’s Healthcare of Atlanta at Scottish Rite hospital. Police are investigating the auto-pedestrian accident, but they do not expect to file charges, according to WTVM Columbus.

Children Are At-Risk in Car Accidents

The Insurance Institute for Highway Safety says that most accident fatalities occur among children riding in cars without proper restraints. Using a car seat to restrain your child aged 3 or younger reduces the risk of death in a car accident by about 75%. The CDC states that using a booster seat for kids under 8 reduces the risk of death by almost half. About 20% of child passenger fatalities involve drunk driving.

Avoid Accidents with Kids

Kids are also likely victims of auto-pedestrian accidents. Research from the National Highway Transit Safety Administration estimates that of 69,000 pedestrians killed by cars in 2011, about 11,000 of them were age 14 or younger. Common situations leading to auto-pedestrian accidents include:

  • Pedestrian steps off the curb mid-block. Parked cars can block drivers from seeing the pedestrian until they’re already in the road, and it’s too late to stop.
  • Vehicle turns into a cross-walk. The corners of buildings, trees, or parked cars keep drivers from seeing around corners. If they take the turn quickly, they may not have time to avoid pedestrians on the crosswalk.
  • Pedestrian is walking or jogging along the road. Some joggers may take to the street to avoid other pedestrians, or where no sidewalk is available. Drivers may not expect pedestrians on the side of the road.
  • Driver backs out of a parking spot. As in the tragic death in Marietta, drivers reversing out of parking spots or driveways may have limited visibility behind them, and pedestrians may not be aware they are backing out.
  • Distracted motorist or pedestrian. Drivers making phone calls, texting, or having conversations may not pay close attention to the road. Likewise, pedestrians wearing headphones or reading a map may step into traffic unaware.
  • Pedestrian exiting bus. School buses and other passenger buses may let pedestrians off in the middle of the block, and passengers may cross in front of the bus, where vehicles passing the bus can’t see them.
  • Pedestrian crosses against the signal. Cars approaching an intersection may be driving too quickly to slow down for a pedestrian who crosses against the light without warning.

Auto-pedestrian Accidents and Negligence

In Georgia, the law requires drivers to take reasonable care to avoid injuring others while driving. Failing to follow the rules of the road can make a driver liable for negligence. Driving while texting or engaging in other distracting activities can lead to an accident, and the driver may be responsible for damages. Failing to follow the rules of the road, such as obeying school bus stop signs or coming to a complete stop at a red light, can also lead to liability for negligence. Even if the pedestrian also contributed to the accident jaywalking or jogging in the road, the driver may still be liable if they also failed to take reasonable precautions.

Get Legal Help

If you or someone you know has been involved in a car accident, you need legal help. Contact an experienced car accident attorney at Williams Elleby Howard & Easter today to get the compensation you deserve.

Wrongful Death in Collisions Between Cars and Large Trucks

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Marietta Tractor Trailer Accident Kills SUV Driver

A tractor trailer accident in Marietta killed one person on Saturday, July 9, according to NBC 11 Alive Atlanta. The accident occurred on I-75 near I-285. A Rav4 SUV made several unpredictable lane changes before colliding with a tractor trailer on the southbound side of the freeway. The Rav4 then rolled over a number of times before the driver, who was not wearing a seatbelt, flew from the vehicle. She was taken to Wellstar Kennesaw Hospital and pronounced dead. The Marietta Daily Journal reports that no charges have been filed in relation to the accident.

Most Deaths in Truck Accidents Are Car Occupants

According to the Insurance Institute for Highway Safety, most deaths in car accidents involving large trucks are not truck drivers but the drivers and passengers of small vehicles. In 2014, 3660 Americans died in accidents involving large trucks; 68% of these fatalities were in cars and other passenger vehicles, and only 16% were large truck drivers. If we only look at crashes between two vehicles, the numbers get even more stark: In two car accidents between large trucks and passenger vehicles, 97% of fatalities were the occupants of the passenger vehicle. Over the last 40 years, the number of deaths from these accidents has declined, but the rate of deaths of passenger vehicles has declined more slowly.

Georgia Law Holds Drivers Responsible for Wrongful Death

If someone dies in an accident in Georgia, their surviving relatives can sue the party at fault for wrongful death. In a wrongful death case, the survivor must prove that the other party failed to take reasonable care to prevent injury to the victim. Even if the deceased victim was partially at fault, the survivors can recover part of the damages if they can prove that the other party failed to take proper precautions, such as following the rules of the road.  Of course, the deceased victim cannot recover if he or she was 50% or more at fault for the tractor-trailer wreck.  The Georgia Commercial Motor Vehicle Traffic Code & Safety Rules is an example of the standards a driver needs to uphold.

Truck Drivers Have to Follow the Rules of the Road

Anyone involved in a car accident with a large truck faces tough odds of survival. If the driver of the car dies, his or her family can attempt to recover damages from the truck driver and the company who employs them. If the truck driver failed to follow the rules of the road or trucking regulations (state or federal), the surviving family members can argue that the driver was negligent and should be held responsible for damages. For example, under the Georgia Commercial Motor Vehicle Traffic Code & Safety Rules, vehicles cannot be more than 8’ 6” in width, and trailers cannot be more than 53’ long. If the large truck exceeded these limits and the size of the vehicle contributed to the accident, the survivors may recover under wrongful death.

Get Legal Help

If you or someone you know has been in an accident with a large truck, you need legal help fast. Contact a car accident attorney at Williams Elleby Howard & Easter for the advice you need.

Using an App While Driving is Dangerous

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Accident Victims Sue Snapchat

Using an app while driving is dangerous. Accident victims all over the country are suing social media app creator Snapchat, according to Inside Counsel Magazine. Some of them allege that a particular feature of the application, known as the Speed Filter, is distracting drivers and causing accidents. The Speed Filter measures the speed that the user is traveling and superimposes the speed over a photograph taken with the app. The lawsuits argue that this encourages users to look at the phone, rather than the road, while driving at high speeds, according to The New York Times.

Georgia Snapchat Accident Lawsuit

One of the lawsuits involves an accident near Hampton, Georgia. The accident occurred last year, when an 18-year-old woman crashed her car into another driver who was moving into the lane ahead of them. The accident lawsuit alleges that the driver, Christal McGee, was using the Speed Filter feature of Snapchat during the accident. Accident reconstruction indicated that McGee was driving about 107 miles per hour. The occupant of the car she hit suffered severe spinal injuries. He is suing McGee and Snapchat.

Texting and Driving is Negligent Driving

In Georgia, victims of car accidents can sue the driver at fault for negligence. In a negligence lawsuit, the victim must prove that the other driver failed to take reasonable care to avoid injury to other drivers on the road. This means following all the rules of the road, including speed limits. Texting while driving is illegal in Georgia, but there is no rule specific to use of other smart phone applications. However, any failure to pay attention to surroundings may be negligence, if a reasonable person would have kept their eyes on the road. Even if the victim is less than 50% at fault, they can still recover an award if the other party was also negligent.

Smart Phones May Cause Accidents

If a victim of a car accident believes that the other party was distracted by a phone application before or during the accident, they may be able to succeed in a negligence lawsuit. They would need to prove that the other driver wasn’t taking reasonable precautions to ensure the safety of those around them, perhaps because the phone application distracted them. In a case like the one involving McGee, the victim can argue that driving over the speed limit caused the accident.  The extreme speed of the McGee case may authorize the award of punitive damages.  If the other driver was texting, and the distraction caused the accident, this could also prove negligence. For example, if using the application required McGee to look away from the road for longer than a reasonable person would, especially while moving at a high speed, and this caused her to collide with the other car, the victim could prove that she was negligent and recover money damages.

Get Compensated for Your Injuries

If you or someone you love has been in a car accident, you need legal advice. Contact a car accident attorney at Williams Elleby Howard & Easter to get the compensation you deserve by calling 833-LEGALGA (534-2542) to schedule a free no-risk consultation.

June Shooting Could Be Wrongful Death

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Atlanta Man Dies from Police Gunshot

An Atlanta man died in late June when a police officer fired into his moving vehicle, The Atlanta Journal-Constitution reports. The man, Deravis Caine Rogers, 22, was fleeing from a parking lot. The police officer, James Burns, suspected Rogers of breaking into cars in the lot. The officer shot Rogers in the head, and Rogers died of his gunshot wound.

Atlanta Police Fire Officer for Excessive Force

Rogers was not armed at the time of his fatal shooting. The officer was not in danger of being run over by Rogers’ car as he fled the scene. Georgia Bureau of Investigation guidelines discourage law enforcement officers from firing their weapons into moving vehicles for safety reasons. Roughly three weeks after the shooting, the Atlanta Police Department conducted an internal investigation into the shooting and fired the officer. The investigation found that Burns used excessive force because they found that there was no obvious threat toward the officer from Rogers, according to The Savannah Morning News. The termination of Officer Burns will take effect Tuesday, July 19. However, he has not been charged with any crime.

Georgia Law Holds Cities Responsible for Reckless Cops

In Georgia, survivors of a deceased person can sue the person who caused the death. Section 51-4-2 of the Georgia Code provides that a surviving family member can sue the person who caused the death if it was intentional or negligent. In general, employers are responsible for wrongful death caused by their employees while their employees are performing their job duties. City governments can claim immunity from lawsuits when the injuries happened because the government employee was doing their job. This is called sovereign immunity. However, sovereign immunity may not apply in cases where the police officer acted in reckless disregard for established police procedures.

Rogers Case Could Be Wrongful Death

In a case like that of Deravis Caine Rogers, a wrongful death lawsuit might succeed. Although Rogers is not alive to sue the Atlanta Police Department, his surviving family members could sue for wrongful death in his place. Even if Officer Burns did not intentionally kill Rogers, the investigation by the Atlanta Police Department seems to indicate that he acted without taking reasonable precautions for Rogers’ safety. The City of Atlanta could argue that they are immune from liability for Officer Burns’ actions, because he shot Rogers while performing his duties as a police officer. However, the surviving family members could argue that Burns was acting in reckless disregard for established police procedures by firing into a moving vehicle at an unarmed suspect.

Get Legal Help

If someone you know has been killed, you need legal advice. You may be entitled to compensation for the wrongdoing or negligence of those responsible. Get in contact with a wrongful death attorney at Williams Elleby Howard & Easter in Cobb County to find out more about your options.

Summer Construction Zones: Preventing Car Accidents

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Summer is a popular time of year for road construction as companies can take advantage of good weather and longer working days. For those of us who are commuting, however, road construction work zones can be a nightmare. Not only do they slow traffic, they also present additional car accident hazards.

Road Construction Accident Hazards

Even under normal conditions, driving comes with many hazards. When road construction zones enter into the mix, there are plenty of additional reasons drivers should take extra precautions. Not only are there inherent dangers from work zones, if companies fail to follow federal and state safety regulations, it can be even worse. Drivers should be aware of the following hazards while going through construction zones:

● Excess dirt and debris – Work zones will almost inevitably leave roads uneven and full of dirt. Drivers should be particularly cautious in the event work crews don’t put up proper signage.

● Improper signage – One of the most important tools for navigating work zones is signage. Although there are regulations in place, construction workers often fail to utilize the correct signage in a construction zone.

● Construction machines and equipment – Drivers should remain alert for any machinery or equipment left by careless road crews.

● Hazardous turns – Construction crews may fail to properly measure the necessary time and space motorists need to negotiate a turn properly.

Major Reasons For Work Zone Accidents

A majority of accidents in road construction zones take place during daytime hours. Out of these, most are in zones where the speed limit is over 55 mph. Accidents may be caused either by motorists or construction crews. Some of the most common reasons accidents happen in construction zones include:

● Poor lighting;
● Failure to pass properly;
● Speeding motorists;
● Distracted driving; and
● Failure to obey signs posted by workers.

Most accidents in work zones are caused by drivers. Georgia, like many other states, enforces heavy penalties for speeding in work zones.

Preventing Work Zone Accidents

Drivers can take responsibility for their own actions in work zones. Follow these tips to avoid getting in a car accident in road construction areas:

● Stay alert – Work zones are subject to frequent changes. Avoid becoming distracted by cell phones and other activities that take focus off the road.

● Obey signage – Road crews post signs to help drivers and workers stay safe. Follow any signs posted.

● Slow down – It’s important to reduce your speed in construction zones, regardless of whether or not you see work going on.

● Change lanes and merge safely – Remember to give yourself plenty of space to merge into the correct lane and only make lane changes in designated areas.

● No tailgating – Construction zones often call for sudden braking. Approximately 30 percent of work zone accidents are rear-end collisions. Avoid making the mistake of tailgating.

● Be patient and plan ahead – No one likes waiting in a road work zone, but remember to stay patient and do what is directed. If you know work is happening, plan ahead and take an alternate route.

Contact A Georgia Car Accident Attorney

Do you have questions regarding your rights and ability to collect compensation for your car accident? For car accidents in Atlanta, Cobb County, and Georgia, contact Williams Elleby Howard & Easter.  Attorney Joel Williams has years of experience in car accident law.  He offers free consultations and will help you understand your rights.

Could Driving Too Slowly Cause A Car Accident?

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Speed is a major factor in most car wrecks.   Although driving at recklessly high speeds is dangerous, research shows that driving 5 mph below the speed limit is more likely to cause accidents than driving 5 mph above the speed limit.

Georgia “Slowpoke Law”

Most drivers don’t know it, but a couple of years ago, Georgia enacted a law against driving too slowly. The law forbids drivers from driving at speeds that impede the normal and reasonable flow of traffic. In addition, it also sets minimum speeds for driving in the left lane. Slow drivers are not allowed to linger in the left lane.  If other cars are traveling faster trying to pass them, the slower driver must move into the right lane.

When Driving Slowly Is Dangerous

This Georgia law is meant to address situations when driving slowly is considered dangerous. A primary instance when driving slowly can be a hazard is driving slowly in the left lane.  The left lane is appropriately nicknamed the “fast” lane because the specific purpose of the lane is to overtake other vehicles. When a car is moving too slowly in the fast lane, vehicles moving faster are forced to risk the dangers of passing to the right.

Types Of Slow Drivers

Everyone may be guilty of driving too slowly at some point, but there are drivers who are more prone to driving slowly who should be approached carefully. These groups of drivers include:

  • Distracted Drivers – Roughly 20 percent of accidents are caused by distracted drivers. Because they divert their focus from driving to another task, such as using their cell phone or eating, they tend to make mistakes. This includes everything from taking their eyes off the road to driving slowly.
  • Newly Licensed Drivers – While we typically think of speeding as an issue for younger drivers, we shouldn’t forget there are also many uncertain drivers in this category. They often overcompensate and lack the confidence to keep their foot on the gas pedal.
  • Elderly Drivers – These highly experienced drivers often drive to slowly for biological reasons, such as arthritis or worsening vision.
  • Tourists – People often drive slower when they’re in unfamiliar places, especially if they are sight-seeing at the same time.

Been In A Car Accident?

If you’ve been in a car accident caused by a slow driver, you could collect compensation for injuries or property damage. Find out what your options are by contacting Williams Elleby Howard & Easter and speaking with our qualified car accident attorneys. We are proud to serve Marietta, Cobb County, and greater Georgia.

Slip and Fall Accidents: A Concern For The Elderly

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Unless it’s from a significant height, many of us can handle falling without batting an eyelash. We’ll walk away from most slips, trips, and falls with only our ego slightly bruised. For the elderly, however, a slip and fall could lead to severe or even fatal injuries. In fact, according to the Centers for Disease Control and Prevention more than one-third of American seniors, 65 and older, fall each year and every 11 seconds one is treated in the emergency room for a fall.

Why Falls Are Hazardous For The Elderly

The risk of falling increases with age and many older adults have a fear of falling. More than 2.5 million older adults will visit U.S. emergency rooms every year for fall-related injuries. Older bodies are less resilient to the trauma of a fall than younger people. A majority of seniors who fall have pre-existing disabilities, medical complications, or are simply already frail. Even falls that seem minor can lead to severe injuries or death.

Some of the most frequent fall-related injuries include head traumas, lacerations, and broken bones. Elderly individuals may break their arm, hand, ankle, pelvis, spine, or hip in a fall. Falls are also a leading cause of traumatic brain injury and 95 percent of hip breaks originate with a fall.

Fall Hazard Prevention

Seniors can take several steps to help themselves avoid being the victim of a slip and fall accident. Follow these tips to prevent having a severe and debilitating fall:

  • Regularly exercise – Seniors should commit to regular exercise, focusing on improving balance and building/maintaining muscle strength.
  • Check your vision – Weak or blurry eyesight are big contributors to falls. If you haven’t had your eyesight evaluated, it’s a good idea. In addition, removing bifocals or multifocal glasses while walking can also reduce your chance of falling.
  • Implement environmental safety measures – Seniors can make their home safer from falls by adding safety elements such as handrails to stairs and hallways, installing adequate lighting, and removing slipping hazards, such as loose rugs.
  • Consult with a doctor about medications – Certain medications cause drowsiness or dizziness, which could lead to a fall. Talk to you doctor about alternative medications and only use drugs as prescribed.
  • Wear appropriate footwear – A good pair of shoes can provide support and enough friction to prevent a fall. Socks, stocking, and slippery shoes should be avoided.
  • Turn the lights on – Even if you know your house like the back of your hand, having proper illumination is key to preventing falls. Turn on the lights rather than walking around the house in the dark.

Cobb County Slip And Fall Attorney

If you or an elderly loved one has fallen, you may be eligible for compensation. When a fall results from a dangerous condition on someone else’s property, an experienced slip and fall attorney can help with your case. Contact Williams Elleby Howard & Easter if you have questions about a slip and fall case and need help. Our legal team has extensive experience handling cases throughout Georgia.