Distracted Driving is a Real Problem in Kennesaw, GA

distracted driving accidents deadly

Automobile Accidents are a Real Problem in Cobb County, GA

According to Georgia Automobile Crash Data published by the Georgia Department of Transportation (“GDOT”) on its crash data portal, there were 25,716 accidents in Cobb County, Georgia during 2022. 10,603 people were injured in those accidents and 77 died.  These statistics are alarming but they are down right scary when we break them down further. These statistics suggest that in 2022, on average, 70.45 accidents occurred every day in Cobb County. Again, on average, 29.04 people are hurt in these accidents every day and someone died every 5.18 days.

Distracted Driving is a Dangerous Habit for Many Georgia Drivers

A major cause of deadly traffic accidents is distracted driving. In today’s high paced world, drivers can be distracted by many things ranging from cell phones to kids arguing in the back seat. 52,149 of the 57,605 distracted driver convictions reported to the Georgia Department of Driver Services in 2021, were for violations of O.C.G.A. § 40-6-241(c) Unlawful Use of Wireless Device. Of all the counties in Georgia, Cobb County had the third most convictions for violations of O.C.G.A. § 40-6-241(c). The only Georgia counties with more convictions for Unlawful Use of a Wireless Device were Fulton and Gwinnett Counties. Detailed distracted driver data reports for Georgia can be found on the Georgia Department of Driver Services website.

Despite extensive research showing just how big of a problem distracting driving is, drivers continue to engage in behavior that causes them to lose focus on the road. People often underestimate the risk of talking on the phone, text messaging, eating while they drive, or overestimate their ability to multitask. But with lives at stake, practicing safe driving habits is crucial.

Careless Tractor Trailer Drivers Drive While Distracted

Just a few years ago, this author was contacted by a potential client after he was rear-ended by a tractor trailer driver on Interstate-285 outside of Atlanta. At first glance, the case seemed to be fairly routine but things got interesting when I filed suit and obtained the tractor-trailer driver’s cell phone records.

During the lawsuit, I served written discovery on the tractor-trailer driver, his employer, and his insurance company. Initially, they vehemently denied that he was using his cell phone at the time of the crash. Specifically, the driver claimed he was checking his mirrors as a safety measure prior to the crash:

His cellular provider’s records told a different story. The driver was, in fact, engaged in a lengthy text messaging conversation during his trip and at the time of the crash. This was easily proven by comparing the Georgia Crash Report – Crash Date & Time to the driver’s cell phone records as shown below:

When this tractor trailer driver was texting and driving, he knew that his actions were dangerous. He said so in his deposition testimony:

6         Q.  Did you know at the time of this
7.    wreck and did you believe at the time of this —
8.    that this wreck occurred that texting and driving
9.    was, as on this video we just watched, one of the
10.  most dangerous things you can do while driving a
11.  vehicle?
12.       A.  Yes, I was aware.
13.       Q.  And did you it anyway?
14.        A.  Yes.

This driver’s dangerous choice to text and drive caused significant injuries to my client that resulted in a very expensive and risky neck surgery. As a consequence of this driver’s choice to text and drive, my client will never be the same. He has internal hardware to stabilize his spine and he will never again be the same father and husband he once was. In addition to my client’s serious injuries, this driver’s employer had to pay a large amount of money to settle this claim.

Nobody “won” in this situation. A man’s life was forever altered and a company lost a lot of money due to its driver’s dangerous choice to text and drive. We should all keep this lesson in mind so we don’t make the same dangerous mistake.

Common Bad Habits to Avoid While Driving in Georgia

  1. Texting. This is a bad and dangerous habit in Georgia and throughout the country. Texting while driving is extremely dangerous. Some research shows that the dangers of texting and driving can be as profound as those associated with drinking and driving. Texting and driving should always be avoided for safety reasons. Moreover, it is illegal to do so in Georgia and punishable by a fine. 
  1. Using apps or other phone functions. Equally dangerous is using your phone to access apps, music, or any other functions. For instance, one study suggested that the rising popularity Pokemon Go was causing more accidents on the road because game-obsessed drivers sometimes try to play as they drive. Like texting, using smartphone applications while driving should always be avoided.
  1. Talking on the phone. Some studies show that even hands-free cell phone conversations present a significant risk. Although hands-free calling is a safer way to communicate than texting, you should be aware that it still presents a risk on the road.
  1. Eating and drinking. Some people eat and drink when they drive. In fact, at one time or another most people have probably tried to grab a bite or sip on a soda while behind the wheel. While there are some circumstances where this might be safe, you should never eat or drink anything that takes both hands, is messy, or can be easily spilled.
  1. Any other multitasking. There are countless other ways a person can be distracted trying to multitask as they drive. Anytime you are taking attention away from your driving to do something else, it can be a problem and a safety hazard.

Distracted Driving Poses Significant Financial Risks

Distracted driving poses significant financial risks, impacting individuals and society at large. Lets explore some financial consequences that may arise from this dangerous behavior:

  1. Increased Auto Insurance Premiums: Traffic violations related to distracted driving lead to higher automobile insurance premiums. When you receive a citation for distracted driving, your automobile insurance costs can increase significantly. According to The Zebra, a 2024 cell phone violation can increase your insurance premiums by 21.56%. Repeated offenses can compound these costs resulting in prohibitively expense automobile insurance premiums. 
  1. Insurance Claims and Payouts: Insurance companies are in the business of making money. Distracted driving accidents result in property damage and personal bodily injury payouts. An “at-fault” distracted driving accident will almost certainly increase the at-fault driver’s premiums. However, the financial fallout does not stop with that driver. When more distracted driving accidents occur, automobile insurers will have higher overall claims expenses. This means that those increased expenses will be passed along to the public in the form of higher premiums.
  1. Property Damage and Repairs: Distracted driving often results in crashes, leading to property damage. Repairing or replacing damaged vehicles can be expensive, especially in the modern world where vehicle maintenance and repair costs continue to rise.
  1. Medical Expenses: Distracted driving accidents can result in injuries to drivers, passengers, and pedestrians. Medical expenses, including hospital bills and doctor visits can quickly add up.
  1. Legal Fees and Fines: Most states have enacted laws that impose monetary fines on individuals who plead guilty or are convicted of distracted driving. For example, in Georgia, the monetary fines can be found at O.C.G.A. § 40-6-241(f)(1).
  1. Lost Wages and Productivity: When distracted driving leads to accidents, the accident victims often miss time from work to deal with car repairs, doctor’s appointments, etc. This can result in lost income for the victims and lost productivity for employers when their employees are unable to perform their job duties efficiently.
  1. Vehicle Depreciation: Most of us know that the resale value of a damaged vehicle is much less than a non-wrecked vehicle. Even after repairs, potential buyers may hesitate to purchase a car with an accident history.
  1. Business Costs: When commercial vehicles are involved in distracted driving accidents, the businesses often face repair costs, insurance claims, and lost revenue. For example, when a tractor trailer driver is involved in a distracted driving accident, the trucking company will likely face several claims that include damaged cargo, property damage, worker’s compensation, and even third-party bodily injury. It may not end there. If the company has a history of distracted driving accidents caused by its drivers, it may face regulatory penalties and lose business from customers that hire it to transport goods.

Distracted Driving is a Top Concern for Automobile Accident Lawyers

Personal injury automobile accident lawyers are usually interested in whether the at-fault driver was distracted at the time of the wreck that injured their client. There are many reasons for this but the primary reason is that injury claim and lawsuit awards are usually larger when the are aggravating circumstances that contribute to the wreck.

So, why are monetary awards typically larger when someone causes a wreck while they are distracted? In this author’s experience, it is because the distracted driver is less sympathetic than an attentive driver who simply made a mistake.

In most situations, a conscious choice must be made to take whatever action caused the distraction. For example, someone must choose to use their cell phone. They must choose to wear earbuds. They must choose to check their email. They must choose to play a game. They must choose to apply makeup. A conscious choice is much different from an innocent mistake where someone, for example, misjudges the distance between themselves and another driver.

Additionally, drivers that violate a distracted driving law may be negligent per se. This means the law presumes that the distracted driver breached their duty of care and is negligent as a matter of law. In negligence per se cases, the injured party (usually the Plaintiff) only needs to prove that the negligent acted “caused” their damages (and of course, what those damages are).

The lesson here is quite simple. Distracted driving exposes drivers to significant financial burdens so don’t do it.

Be Safe: Focus on the Road When Driving

Driving isn’t a time to lose focus. Every day, most Americans drive and it is easy to get complacent. Distracted driving not only jeopardizes lives but it also results in substantial financial burdens. By staying focused on the road, we can mitigate the risks of driving and promote safer driving practices for everyone.

If you’d like more information, or if you’ve been injured by a distracted driver, feel free to contact the personal injury lawyers at Williams Elleby Howard & Easter at (833) 534-2542 in Kennesaw, Cobb County, Georgia today.

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.

Understanding Traumatic Spinal Injury

A male doctor wearing a white coat, red tie and stethoscope holding a model of the human spine and pointing to it with a ballpoint pen explaining something to the male patient on his left.

Traumatic spinal cord injuries are among the most serious a person can sustain. In the U.S., roughly 12,000 new traumatic spinal cord injuries are diagnosed every year, not including those from people who die on the scene of the accident.

What Is A Traumatic Spinal Cord Injury?

Injuries to the spinal cord take place when there is damage to the ligaments, vertebrae, or disks of the spinal column or on the spinal cord. While nontraumatic spinal cord injuries can be caused by arthritis, cancer, or infection, traumatic spinal cord injuries are brought on by a sudden, a forceful blow to the spine, consequently fracturing, crushing, dislocating, or compressing the vertebrae.

Traumatic spinal cord injuries may either be complete or incomplete, leading to full or partial paralysis and loss of both motor and sensory functions. Motor vehicle accidents are the most common cause of traumatic spinal cord injury, accounting for over 35 percent of new cases. Other causes of traumatic spinal injury include:

  • Slip and fall accidents – Roughly 25 percent of new cases are from slip and falls. Typically spinal cord injuries from fall accidents are most common among people over the age of 62.
  • Violence – Traumatic spinal cord injuries may also be sustained from certain acts of violence including gunshot and knife wounds. These make up almost 15 percent of new cases according to the National Spinal Cord Injury Statistical Center.
  • Sport/Recreation Accidents – People may sustain an injury during athletic activities, including impact sports and diving. They account for roughly 9 percent of cases.

Alcohol also factors into spinal cord injuries and roughly 1 in 4 new spinal cord injury cases involve alcohol in some way.

Symptoms Of Traumatic Spinal Injury

Spinal cord injuries may manifest immediately or develop within a few hours of the accident. Since reducing the severity of spinal cord injuries is heavily dependent on getting treatment early, anyone who receives head or neck trauma should see a doctor as soon as possible for evaluation.

Signs and symptoms of traumatic spinal injury include, but are are not limited to:

  • Loss of motor and sensory functions
  • Loss of bladder control
  • Extreme pain/pressure in the back, neck, or head
  • Issues with coordination or paralysis of any body part
  • Numbness, tingling, or loss of sensation in extremities
  • Difficulty breathing after an injury
  • Having the neck or back in an oddly twisted position

Treatment Options

Unfortunately, there is no medical treatment that will completely heal or reverse a traumatic spinal cord injury. When stabilizing the injury, medical professionals may turn to surgery, medications, and immobilization. Afterwards, most treatment plans are based on relieving pain and helping victims adjust to their new limitations.

Filing A Lawsuit?

Traumatic spinal cord injuries mean adjusting to limitations for victims and their families. Medical treatment and lifestyle changes are extremely expensive and the mental health issues can be even more taxing. If you or a loved one has suffered a traumatic spinal cord injury in Cobb County, Georgia, Williams Elleby Howard & Easter  is here to help. Our legal team has years of experience helping victims recover damages for their injuries.  Let us do the same for you.

Understanding Traumatic Brain Injuries

understanding traumatic brain injuries

Every year in the U.S., traumatic brain injury (TBI) contributes to significant numbers of deaths and permanent disabilities. Approximately 1.7 million new cases of TBI are sustained annually.  Many are caused by falls and car accidents. Regardless of how the injury happened, the road to recovery is extremely difficult.  Damages may include major medical expenses, loss of income, emotional difficulties, and more.
If you or a loved one has sustained a traumatic brain injury because of the negligence of another person, speak to a Georgia traumatic brain injury attorney like Attorney Joel Williams. They can help you understand how to best claim damages for the injury.

What Is Traumatic Brain Injury

Traumatic brain injuries are typically the result of a violent blow or other sudden trauma to the head or body. They may also be caused by an object penetrating the skull. While mild traumatic brain injury may lead to only to temporary dysfunction of the brain cells, more severe instances could lead to torn tissues, bruising, bleeding, or physical damage to the brain.  Severe brain injuries can lead to long-term complications or death.

Symptoms of Traumatic Brain Injury

A majority of traumatic brain injuries are caused by falls, motor vehicle collisions, or violence, such as gunshot wounds and domestic violence. While symptoms of a traumatic brain injury often appear immediately after the trauma, it may take days or even weeks for any signs to manifest themselves. Signs of traumatic brain injury may be physical, sensory, or cognitive and include:

  • Loss of consciousness or being disoriented, confused, or dazed;
  • Problems sleeping or sleeping more than normal;
  • Headache;
  • Nausea or vomiting;
  • Dizziness or difficulty balancing;
  • Sensitivity to sound or light;
  • Sensory problems, including blurred vision, ears ringing, a bad taste in the mouth;
  • Sudden mood changes or mood swings;
  • Problems with memory or concentration; and
  • Depression or anxiousness.

If you or a loved one demonstrates any of these symptoms after a violent blow or trauma to the head, it is extremely important to seek medical attention.

Treatment Plans And Living With Traumatic Brain Injury

Treatment of traumatic brain injury depends on the severity of the injury. Mild cases of TBI should be monitored closely, but will typically heal on their own with rest and over-the-counter medication. Moderate and severe cases of TBI require immediate emergency medical attention. Treatment may involve surgery, medications, and extensive rehabilitation.
Recovery from more serious traumatic injuries includes individual treatment programs that will likely consist of physical and occupational therapy, physiatry (physical medicine), speech/language therapy, psychiatry, and social support. In many cases, the injured victim never fully heals.  This is devastating for the victim and the family.

Need Legal Help?

If you or a loved one sustains a traumatic brain injury in a car accident, there is help available. The path to recovery is full of struggles and it’s one you should not have to make alone. Call Williams Elleby Howard & Easter to enlist the help of an attorney who will fight for justice on your behalf. We handle cases in Atlanta, Marietta, Cobb County, and all of Georgia. Contact us today to talk about the specifics of your case and get the compensation you deserve.