“What’s a safer place than sitting in a living room with your family?”That’s what Jeremy Bryant wondered Sunday.
His 60-year-old uncle, George Michael Bryant, was watching a movie with his wife, daughter and two grandchildren Saturday night when a Lincoln Navigator slammed into their Douglasville house.
Bryant, a retired Vietnam War veteran, was killed.
His wife, Joyce is expected to be released Monday from Atlanta Medical Center, and his 9-year-old granddaughter, Aylisha Walters, is recovering at Children’s Healthcare of Atlanta at Scottish Rite, Jeremy Bryant said Sunday night.
Walters was upgraded to fair condition Sunday, a hospital spokeswoman said.
Police identified the driver as William Steward, 47, of Douglas County. He was taken to Grady Hospital; his condition was not being released.
“I’m hoping he’s going to get what he deserves,” Jeremy Bryant said.
Traveling at a high rate of speed, the Navigator knocked down mailboxes and bushes and hit a parked vehicle before barreling into the left side of the one-story home about 50 feet off Berea Road, authorities said.
“I’ve been a coroner for 27 years, and I’ve never seen nothing like this,” Douglas County coroner Randy Daniel said. “Never. Never.”
“We have no idea why this happened,” added Douglas County spokesman Wes Tallon, who said the SUV traveled nearly to the back wall of the home.
Bryant’s daughter, Shannon Bryant, and a 13-year-old grandson were treated at a hospital and released.
Bryant’s son, Michael, was the only one not home. He was having a cookout with friends to celebrate his birthday, Jeremy Bryant said.
The Navigator pinned Joyce Bryant, according to her brother-in-law.
“She said she heard a boom, the lights went out and she was up under the car,” Lamar Bryant said. “She could feel the heat of the engine when she was laying up under there...I guess my brother took the full blow of it.”
Neighbor Mark Miller said people often drive way too fast down the street, even though the speed limit is 35 mph.
“People just fly down this road,” Miller said. “There’s a curve right before you get to the corner. They’ll come around the curve and lose control.”
Miller wasn’t home when the incident happened around 8 p.m., but he returned to find vehicle parts scattered on his driveway. The bush that previously grew next to his mailbox was gone.
“My neighbor’s mailbox is two houses down,” he said.
There’s a gaping hole where the front wall of the Bryants’ home once stood.
“It looks like a bus hit it,” Miller said.
The Douglas County fire department put a tarp over the house Sunday afternoon, and Jeremy Bryant said relatives were paying for a hotel for the family.
The State Patrol’s Specialized Collision Reconstruction Team responded to the scene, as it does for any fatal accident that could lead to a criminal prosecution.
Lt. Paul Cosper said Steward’s blood will be tested for alcohol. Investigators will diagram the accident “and figure out formulas for speed and come up with an extensive report.”
Steward could face a charge of vehicular homicide, Cosper said.
“They’ll collect all the evidence and then make the appropriate charge,” he said.
Bryant was a combat veteran of the Vietnam War, but didn’t talk about it much, his nephew said. Bryant’s health “wasn’t the greatest” and he was on disability.
Bryant loved to hunt and fish and ride a motorcycle, his nephew said.
“And he was just a good family guy,” Jeremy Bryant said. “That’s mostly what he did, just be around his family and his grandkids.”
An autopsy will be done on Monday of Bryant’s body, and the family will be able to make funeral arrangements once his body is returned.
Source
Saturday, November 28, 2009
Sunday, November 15, 2009
Wrong way NY DUI prompts long reach to Georgia for law to protect kids
New York Governor David Patterson may be looking at a Georgia law to guide him in protecting children who are injured or killed when riding with an adult who is legally intoxicated. According to the Georgia Senate Press Office, Sen. Gail Buckner (D-Morrow) has "offered" her 1992 legislation to Patterson, as a model for a new New York State law he is crafting to stiffen penalties against impaired drivers who transport children.Buckner, in announcing her intention to share her legislation with New York's governor, told her staff Wednesday, "An adult who drives while intoxicated should be stopped under any circumstances, but certainly when children are involved.”
Patterson is taking a closer look at his state's DWI laws, following the tragic death of four children who were riding the wrong way on a New York highway last month. Toxicology reports indicated that the driver, 36-year-old Diane Schuler, had a blood-alcohol content of 0.19. The tests also allegedly showed that she had taken marijuana into her system some time within the last hour before the crash, the New York Times reported.
The new law, called the Child Passenger Protection Act, would make it a felony for anyone caught with a DWI and a child under 17 years old in the car. It is currently a misdemeanor in the Empire State if an impaired driver is transporting children.
Source
Patterson is taking a closer look at his state's DWI laws, following the tragic death of four children who were riding the wrong way on a New York highway last month. Toxicology reports indicated that the driver, 36-year-old Diane Schuler, had a blood-alcohol content of 0.19. The tests also allegedly showed that she had taken marijuana into her system some time within the last hour before the crash, the New York Times reported.
The new law, called the Child Passenger Protection Act, would make it a felony for anyone caught with a DWI and a child under 17 years old in the car. It is currently a misdemeanor in the Empire State if an impaired driver is transporting children.
Source
Wednesday, October 28, 2009
Family seeks answers after N. Ga. pastor killed in drug sting
Family and friends of a Lavonia minister gunned down Tuesday by an undercover police officer continue to look for answers about how he died.
Stephens County Sheriff Randy Shirley said Jonathan Ayers, 29, was not the target of their sting operation and that authorities were looking for a woman they say Ayers dropped off minutes before the shooting. That woman, whose name has not been released, had been charged with cocaine possession and distribution, he said.
Ayers’ family maintains he was not involved in illegal drug activity.
“He is one of the Godliest men I’ve ever known,” his brother-in-law Matt Carpenter told AccessNorthGa.com. “We’re all shocked and absolutely do not believe he was involved in anything illicit or illegal there.”
Carpenter also told AccessNorthGa.com that the family was first informed Ayers died in a traffic accident, and then that he had been shot. Hours later, they learned he died in an officer-involved shooting.
Shirley said Wednesday that Ayers dropped off the sting suspect in downtown Toccoa around 2:30 p.m. and that two agents from the joint task force -- composed of officers from Stephens, Habersham and Rabun counties -- followed the pastor and attempted to question him.
WNEG-TV has surveillance video showing Ayers casually entering a Shell convenience store in Toccoa around 2:30 p.m.
According to that video, a black SUV carrying undercover officers pulls into the parking lot after Ayers left the store.
The pastor tried to avoid them, Shirley said Wednesday, striking one of the agents after putting his car in reverse.
“They yelled, ‘Police. Stop,’” Shirley said.
Witnesses to the incident also said the officers identified themselves, said Georgia Bureau of Investigation spokesman John Bankhead.
Shirley said Wednesday that Ayers maneuvered his car towards another agent in a “threatening manner.” However, that is unclear from the video.
Shirley first said that one shot was fired by one of the three agents on the scene, striking the pastor in the upper torso. WNEG-TV reports that Shirley said the agent fired two shots into the car.
Ayers drove off before losing control of the vehicle a block away, striking a telephone pole, Shirley said.
Ayers was pastor of Shoal Creek Baptist Church in Lavonia. On his blog, he wrote, “I have three loves in my life: Jesus Christ, my wife Abby, and the Church.”
The couple was expecting their first child.
Shirley would not reveal the identity of the woman arrested in the sting. The agent struck by the pastor’s vehicle was treated and released from a local hospital, Shirley said.
“Jonathan would have wanted to witness to the police officers involved in the shooting,” his family said in a statement.
The GBI is investigating the shooting. The task force agents involved have been placed on administrative leave with pay, Shirley said.
Source
Stephens County Sheriff Randy Shirley said Jonathan Ayers, 29, was not the target of their sting operation and that authorities were looking for a woman they say Ayers dropped off minutes before the shooting. That woman, whose name has not been released, had been charged with cocaine possession and distribution, he said.
Ayers’ family maintains he was not involved in illegal drug activity.
“He is one of the Godliest men I’ve ever known,” his brother-in-law Matt Carpenter told AccessNorthGa.com. “We’re all shocked and absolutely do not believe he was involved in anything illicit or illegal there.”
Carpenter also told AccessNorthGa.com that the family was first informed Ayers died in a traffic accident, and then that he had been shot. Hours later, they learned he died in an officer-involved shooting.
Shirley said Wednesday that Ayers dropped off the sting suspect in downtown Toccoa around 2:30 p.m. and that two agents from the joint task force -- composed of officers from Stephens, Habersham and Rabun counties -- followed the pastor and attempted to question him.
WNEG-TV has surveillance video showing Ayers casually entering a Shell convenience store in Toccoa around 2:30 p.m.
According to that video, a black SUV carrying undercover officers pulls into the parking lot after Ayers left the store.
The pastor tried to avoid them, Shirley said Wednesday, striking one of the agents after putting his car in reverse.
“They yelled, ‘Police. Stop,’” Shirley said.
Witnesses to the incident also said the officers identified themselves, said Georgia Bureau of Investigation spokesman John Bankhead.
Shirley said Wednesday that Ayers maneuvered his car towards another agent in a “threatening manner.” However, that is unclear from the video.
Shirley first said that one shot was fired by one of the three agents on the scene, striking the pastor in the upper torso. WNEG-TV reports that Shirley said the agent fired two shots into the car.
Ayers drove off before losing control of the vehicle a block away, striking a telephone pole, Shirley said.
Ayers was pastor of Shoal Creek Baptist Church in Lavonia. On his blog, he wrote, “I have three loves in my life: Jesus Christ, my wife Abby, and the Church.”
The couple was expecting their first child.
Shirley would not reveal the identity of the woman arrested in the sting. The agent struck by the pastor’s vehicle was treated and released from a local hospital, Shirley said.
“Jonathan would have wanted to witness to the police officers involved in the shooting,” his family said in a statement.
The GBI is investigating the shooting. The task force agents involved have been placed on administrative leave with pay, Shirley said.
Source
Thursday, October 15, 2009
No easy fix for those dealing with Georgia pet overpopulation
Litter by litter, more than 300 puppies and kittens streamed into Madison Oglethorpe Animal Shelter this summer. It should have been cute, but it was heartbreaking and frustrating for shelter Director Susan Fornash.
The shelter provides low-cost spaying and neutering, but too many people don't take advantage of the service - even when they've seen the consequences, Fornash said.
"Unfortunately, I don't think they even think about it," she said. "They bring us their puppies, and they bring us their kittens, but they don't bring us mama to get her fixed."
The shelter has offered low-cost spaying and neutering for more than five years.
Visiting veterinarians have performed 2,500 sterilizations since January, and the shelter's board and Fornash plan to expand the service as soon as they can raise the money for a second operating table.
However, this year's 2,500 surgeries barely will make a dent in Madison and Oglethorpe counties' overpopulation problem.
The shelter, which is built to hold 130 dogs at a time, took in almost 600 in June and July alone. The shelter took in 3,000 pets in 2008.
"All you have to do is look at the numbers of animals we have surrendered to us; it's obvious that people aren't spaying and neutering like they should," Fornash said.
Pet owners in Georgia have more access to affordable spaying and neutering than they used to, but many still don't want to fix their pets or just don't care, said Susan Thompson, a co-founder of Pet Mechanics - a low-cost spay and neuter nonprofit that serves Elbert, Jackson, Stephens and Whitfield counties.
Thompson and veterinarian Amber Polvere launched a mobile spaying and neutering clinic in 2005, bringing low-cost sterilization to every corner of rural Northeast Georgia in a customized RV. Over the past five years, similar programs have started up, and they have moved their program into four stationary clinics, Thompson said.
People must begin to understand how many dogs are euthanized because of overpopulation, and that while their dog is cute, it will be hard to find homes for all of its puppies, Thompson said.
"I think we're definitely at the stage where we just need to stress education," she said. "They just have no idea how many animals have to be euthanized."
Other areas of the country, where altering pets is an almost compulsory part of ownership, don't have nearly the overpopulation problem Georgia does or the euthanasia rates, she said.
Adoptable pets are in demand in Northeastern states because people spay and neuter. Local animal advocacy groups routinely transport dozens of Georgia shelter dogs to foster homes in New York, Connecticut and New Jersey.
MOMS Rescue, of out New Jersey, last week led a "Georgia Puppy Caravan," loading dozens of Atlanta-area shelter dogs in danger of being put to sleep into almost 100 vans and taking them up North, according to www.georgiapuppycaravan.org.
"We can send 25 dogs," Thompson said. "They can get there on Friday, and half of them can be adopted out on Saturday. And it's just random puppies. It's not like we're sending them purebreds or anything."
Adopting a stray from Georgia has almost become a status symbol for Northeastern animal advocates, Thompson said.
"We don't advertise that the dogs are from Georgia," said Marguerite Pearson, spokeswoman for the Animal Protective Foundation outside of Schenectady, N.Y. "But when we do tell them where the dog came from, they think it's pretty cool. ... It's almost like by adopting this Georgia shelter dog who could have otherwise been euthanized, they're doing something extra to help."
Georgia has a reputation for pet overpopulation and euthanasia, said Michelle Humphries, executive director of the Georgia Humane Society.
A lot of people have the attitude that a dog's life isn't worth much, she said. That's not going to change quickly. Stricter spay and neuter laws may be the only way to get people to make the effort to have their dogs neutered.
The only state law requiring spaying or neutering applies to strays adopted through shelters or rescue groups, she said.
Some states, counties and cities charge pet owners hefty fees if they do not have their dogs and cats fixed, Thomas said.
"I compare it to seat belts," Humphries said. "Drivers knew that seat belts could keep them from being killed in car accident. They knew they could keep them from being maimed in a car accident. But no one wore their seat belt until there was a law that said they had to."
Fornash agrees that education alone may not change attitudes, but knows that mandatory spaying and neutering would be unpopular and almost impossible to enforce in Madison and Oglethorpe counties, she said.
"They can't afford to have basic animal control, and if they can't afford to have animal control, how can they afford to enforce something like that?" she said.
Source
The shelter provides low-cost spaying and neutering, but too many people don't take advantage of the service - even when they've seen the consequences, Fornash said.
"Unfortunately, I don't think they even think about it," she said. "They bring us their puppies, and they bring us their kittens, but they don't bring us mama to get her fixed."
The shelter has offered low-cost spaying and neutering for more than five years.
Visiting veterinarians have performed 2,500 sterilizations since January, and the shelter's board and Fornash plan to expand the service as soon as they can raise the money for a second operating table.
However, this year's 2,500 surgeries barely will make a dent in Madison and Oglethorpe counties' overpopulation problem.
The shelter, which is built to hold 130 dogs at a time, took in almost 600 in June and July alone. The shelter took in 3,000 pets in 2008.
"All you have to do is look at the numbers of animals we have surrendered to us; it's obvious that people aren't spaying and neutering like they should," Fornash said.
Pet owners in Georgia have more access to affordable spaying and neutering than they used to, but many still don't want to fix their pets or just don't care, said Susan Thompson, a co-founder of Pet Mechanics - a low-cost spay and neuter nonprofit that serves Elbert, Jackson, Stephens and Whitfield counties.
Thompson and veterinarian Amber Polvere launched a mobile spaying and neutering clinic in 2005, bringing low-cost sterilization to every corner of rural Northeast Georgia in a customized RV. Over the past five years, similar programs have started up, and they have moved their program into four stationary clinics, Thompson said.
People must begin to understand how many dogs are euthanized because of overpopulation, and that while their dog is cute, it will be hard to find homes for all of its puppies, Thompson said.
"I think we're definitely at the stage where we just need to stress education," she said. "They just have no idea how many animals have to be euthanized."
Other areas of the country, where altering pets is an almost compulsory part of ownership, don't have nearly the overpopulation problem Georgia does or the euthanasia rates, she said.
Adoptable pets are in demand in Northeastern states because people spay and neuter. Local animal advocacy groups routinely transport dozens of Georgia shelter dogs to foster homes in New York, Connecticut and New Jersey.
MOMS Rescue, of out New Jersey, last week led a "Georgia Puppy Caravan," loading dozens of Atlanta-area shelter dogs in danger of being put to sleep into almost 100 vans and taking them up North, according to www.georgiapuppycaravan.org.
"We can send 25 dogs," Thompson said. "They can get there on Friday, and half of them can be adopted out on Saturday. And it's just random puppies. It's not like we're sending them purebreds or anything."
Adopting a stray from Georgia has almost become a status symbol for Northeastern animal advocates, Thompson said.
"We don't advertise that the dogs are from Georgia," said Marguerite Pearson, spokeswoman for the Animal Protective Foundation outside of Schenectady, N.Y. "But when we do tell them where the dog came from, they think it's pretty cool. ... It's almost like by adopting this Georgia shelter dog who could have otherwise been euthanized, they're doing something extra to help."
Georgia has a reputation for pet overpopulation and euthanasia, said Michelle Humphries, executive director of the Georgia Humane Society.
A lot of people have the attitude that a dog's life isn't worth much, she said. That's not going to change quickly. Stricter spay and neuter laws may be the only way to get people to make the effort to have their dogs neutered.
The only state law requiring spaying or neutering applies to strays adopted through shelters or rescue groups, she said.
Some states, counties and cities charge pet owners hefty fees if they do not have their dogs and cats fixed, Thomas said.
"I compare it to seat belts," Humphries said. "Drivers knew that seat belts could keep them from being killed in car accident. They knew they could keep them from being maimed in a car accident. But no one wore their seat belt until there was a law that said they had to."
Fornash agrees that education alone may not change attitudes, but knows that mandatory spaying and neutering would be unpopular and almost impossible to enforce in Madison and Oglethorpe counties, she said.
"They can't afford to have basic animal control, and if they can't afford to have animal control, how can they afford to enforce something like that?" she said.
Source
Monday, September 28, 2009
No Car Insurance= Serious Consequences
Today's tough economic climate has people looking for ways to cut their budgets but car insurance shouldn't be on that list.
Jennerette resident Georgia Taylor says "people without insurance are very, very dangerous," and Louisiana state police say they agree.
They're making sure everyone knows the law. You must at least have minimum liability insurance on your vehicle.
The purpose of the state trooper's safety check points is to make sure people have insurance. Troopers say its best if people keep their vehicle registration and insurance readily available and those who don't could face serious consequences.
"Your licenses plate could be take off that vehicle and turned into the department of motor vehicles or your vehicle could be towed away and you being issued a citation for that," Said Senior Trooper David Anderson.
If you get into an accident with someone uninsured you could end up paying to fix your own repairs and medical bills. However, insurance companies say there is a way to protect yourself.
Allstate Spokesperson Allison Hatcher said, "at a time like this you may want to consider asking about uninsured motorist protection. It can help protect you and pay for those expenses that you're legally entitled to recover."
Source
Jennerette resident Georgia Taylor says "people without insurance are very, very dangerous," and Louisiana state police say they agree.
They're making sure everyone knows the law. You must at least have minimum liability insurance on your vehicle.
The purpose of the state trooper's safety check points is to make sure people have insurance. Troopers say its best if people keep their vehicle registration and insurance readily available and those who don't could face serious consequences.
"Your licenses plate could be take off that vehicle and turned into the department of motor vehicles or your vehicle could be towed away and you being issued a citation for that," Said Senior Trooper David Anderson.
If you get into an accident with someone uninsured you could end up paying to fix your own repairs and medical bills. However, insurance companies say there is a way to protect yourself.
Allstate Spokesperson Allison Hatcher said, "at a time like this you may want to consider asking about uninsured motorist protection. It can help protect you and pay for those expenses that you're legally entitled to recover."
Source
Monday, August 24, 2009
Georgia Auto Accident Lawyer
Car Accidents
Georgia Auto Accident Lawyer
After any auto accident, an insurance company will probably come to you and offer to pay a few expenses. Many people trust their own insurance company to take care of them. This can be a big mistake.
Insurance companies make more when they give you less. An Atlanta car accident attorney, on the other hand, will have your best interests at heart and only get paid when you get the insurance settlement you truly deserve.
If you have been involved in a serious car crash that caused multiple injuries, you will need experienced representation from a reputable personal injury lawyer — Fred Burkey. The Burkey Law Firm strives to recover compensation for your injuries, lost wages, and other damages.
Taking on the Insurance Companies for You
With The Burkey Law Firm on your side, you have the strength and advocacy to help you maximize your financial recovery. In addition, if you have been seriously injured in a head-on collision involving a reckless, drunk, or otherwise negligent driver, you may be entitled to recover damages from his or her insurance company.
Monday, August 17, 2009
Automobile Accidents
Motor vehicle accidents on Georgia roads are possibly the most common and devastating form of negligent injury today, with literally thousands of families each year left facing an uncertain future of medical bills and long-term rehabilitation. Robin Frazer Clark, P.C. is deeply committed to the protection of Georgia clients seeking compensation when reckless, careless or negligent driving or conditions result in a tragic motor vehicle accident.
We understand the often deceptive practices an insurance carrier may employ solely to protect their financial bottom line, regardless of the real circumstances of the accident. Robin Frazer Clark, P.C. utilizes the latest technology and techniques for accident reconstruction, expert testimony, research and depositions in order to ensure that your rights are protected and that your case is decided according to the facts and the law. In addition, Robin Frazer Clark, P.C. maintains a broad network of legal, medical and financial experts who assist me in accident investigation, identification of all liable parties, injury assessment and arrangements for medical care with no out-of-pocket expenses.
As a personal injury trial lawyer and wrongful death attorney for the last twenty years, Robin Frazer Clark is experienced in the preparation and presentation of complex litigation before the Georgia State and Federal courts. Robin's reputation for aggressive negotiation and strong, winnable cases often results in an out-of-court settlement from insurers unwilling to face her in the courtroom. Robin, as a mother, wife and trial lawyer, understands the emotional, physical and financial stress you are experiencing after a negligent accident and works closely with you to recover maximum compensation for your injuries.
Source
We understand the often deceptive practices an insurance carrier may employ solely to protect their financial bottom line, regardless of the real circumstances of the accident. Robin Frazer Clark, P.C. utilizes the latest technology and techniques for accident reconstruction, expert testimony, research and depositions in order to ensure that your rights are protected and that your case is decided according to the facts and the law. In addition, Robin Frazer Clark, P.C. maintains a broad network of legal, medical and financial experts who assist me in accident investigation, identification of all liable parties, injury assessment and arrangements for medical care with no out-of-pocket expenses.
As a personal injury trial lawyer and wrongful death attorney for the last twenty years, Robin Frazer Clark is experienced in the preparation and presentation of complex litigation before the Georgia State and Federal courts. Robin's reputation for aggressive negotiation and strong, winnable cases often results in an out-of-court settlement from insurers unwilling to face her in the courtroom. Robin, as a mother, wife and trial lawyer, understands the emotional, physical and financial stress you are experiencing after a negligent accident and works closely with you to recover maximum compensation for your injuries.
Source
Monday, August 10, 2009
Medical Treatment After A Car Accident
If you have ever been injured a car accident, particularly in the metro Atlanta area, you know that you will either feel pain right away or several days later. Either way, you need to get medical treatment right away. Car accidents can cause a variety of injuries, including neck, back and shoulder injuries. During my law practice, I have known of people who have also injured their knees or banged their head on the windshield. These car accident injuries can be very serious and can lead to long term problems. When you are injured in a car accident, you need to think short and long term.
If you have been injured in a car accident, go to your primary care doctor and be examined. If you do not have a primary care doctor, go to the emergency room and get checked out. Any delays in treatment related to a car accident can cause problems if and when you file an injury claim with the other party's insurance company.
Chiropractors, Medical Doctors - who to go to? All medical providers play an important role in medical treatment after a car accident. There have increasingly been more multi-disciplinary facilities that have popped up that are more or less one stop shops where someone injured in a car accident can receive various types of treatment, including physical therapy, chiropractic and examination and treatment by a medical doctor.
Source
If you have been injured in a car accident, go to your primary care doctor and be examined. If you do not have a primary care doctor, go to the emergency room and get checked out. Any delays in treatment related to a car accident can cause problems if and when you file an injury claim with the other party's insurance company.
Chiropractors, Medical Doctors - who to go to? All medical providers play an important role in medical treatment after a car accident. There have increasingly been more multi-disciplinary facilities that have popped up that are more or less one stop shops where someone injured in a car accident can receive various types of treatment, including physical therapy, chiropractic and examination and treatment by a medical doctor.
Source
Monday, August 3, 2009
Atlanta Car Accident Attorney
If you have been in a car accident in Atlanta, there are a variety of problems that you have to deal with, ranging in everything from damage to your car to dealing with medical bills and permanent injuries. Car accidents in Atlanta tend to be pretty serious and frequent given the growing population in and around Atlanta and the rest of Georgia.
The decision on who to hire as your attorney to represent you in your Atlanta car wreck case should be made thought and deliberation. If you do not have any damages other than to your car, you can probably handle that on your own. It is when you have bodily injuries from your Atlanta car accident where you should consult with and hire an Attorney. When you consult with an Attorney to represent you in your Atlanta, Georgia car accident case, inquire as to whether or not the Attorney litigates and tries cases because it is likely that you will need to file a lawsuit to recover the true value of your damages given the stubborn nature of insurance companies.
Source
The decision on who to hire as your attorney to represent you in your Atlanta car wreck case should be made thought and deliberation. If you do not have any damages other than to your car, you can probably handle that on your own. It is when you have bodily injuries from your Atlanta car accident where you should consult with and hire an Attorney. When you consult with an Attorney to represent you in your Atlanta, Georgia car accident case, inquire as to whether or not the Attorney litigates and tries cases because it is likely that you will need to file a lawsuit to recover the true value of your damages given the stubborn nature of insurance companies.
Source
Monday, July 27, 2009
Types and Levels of Crimes in Georgia
What is a Felony? A felony is a crime for which the punishment is usually in excess of one year in prison or on probation and a fine of more than $1000.00. A person may also lose some or all of their civil liberties, such as the right to vote or own a handgun, if they are convicted of this type of crime.
What is a Misdemeanor? A misdemeanor is a crime for which the punishment is usually one year or less in the local jail or on probation and a fine of less than $1000.00. Punishment may also include a variety of other hardships such as community service at a recycling plant or picking up trash along the highway with the jail patrol; mandatory drug and alcohol counseling; waiver of your right to travel or your fourth amendment protections against unreasonable search and seizure; and other types of punishments.
Criminal conduct usually falls under one of seven (7) categories. Within each category there exists both misdemeanor and felony offenses. The less serious crimes are usually treated as misdemeanors the more serious crimes are treated as felonies. Remember, whether a type of crime is a misdemeanor or felony depends upon the level of punishment attached to the offense. See below for a description of the seven (7) general categories of crimes.
Monday, July 20, 2009
The Seven Categories of Georgia Criminal Offenses
If you are a suspect of a crime in the Augusta GA, Evans Georgia, Richmond County, or Columbia County GA area, call one of our criminal defense lawyers for a consultation.
1) Property Crimes - Offenses involving some type of allegation of taking or damaging the property of another person without their knowledge or consent. Misdemeanor examples include theft by shoplifting ($300 or less in merchandise), theft by taking ($500 or less in value) and criminal trespass. Felony examples include burglary, robbery (taking by force), forgery (passing a phony check for example), and arson. Offenses known as "white collar" crimes.
2) Serious Traffic Violations - Offenses involving serious misconduct while driving a motor vehicle. DUI is the most common misdemeanor example, although multiple convictions for DUI can lead to the accused being charged with a felony as a habitual violator. Felony examples include vehicular manslaughter and vehicular homicide. These cases involve the accused driving in a very reckless manner - extremely drunk for example - and then causing death or serious injury to another innocent driver. The classic example is where a very drunk driver hits another car while driving, killing the other driver.
3) Sex Crimes - Offenses involving illegal sexual conduct. Examples of misdemeanors include pandering (soliciting a prostitute), indecent exposure, and sexual battery (uninvited sexual advances). Examples of felonies include rape, child molestation and possession of child pornography. These offenses are highly volatile in nature, and merely being investigated for such an offense can ruin a person's personal and professional reputation.
4) Drug Crimes - Offenses involving the possession, distribution, or sale of illegal drugs. Whether a particular offense is treated as a misdemeanor or a felony usually involves the weight or amount of the drugs involved. Normally, courts treat simple possession of drugs less seriously than selling or distributing drugs, as the user is seen partially as a victim in need of treatment by many judges whereas a dealer is viewed as part of the problem. There may also be considerable class bias in the punishment of these offenses as "upper class drugs" such as LSD, powder cocaine, and marijuana are punished less severely than "working class" or "inner city drugs" such as methamphetamine and crack rock cocaine.
5) Violent Crimes - Offenses involving an act of violence against another person. The violence can be verbal or mental - making terroristic threats or stalking - but usually the violence is physical in nature. Examples of misdemeanors are assault, battery, sexual battery and stalking. Felony examples are murder, aggravated assault, manslaughter and aggravated stalking.
6) Domestic Violence Crimes - This is really a sub-category of Violent Crimes, but deserves to be treated as a separate category. Domestic Violence offenses are relatively new as they are a political and legislative response to the increasing awareness of violent behavior between spouses and other persons living in the same house. They take crimes such as battery and simple assault, normally misdemeanors, and treat them as felonies if the accused and the victim are husband and wife or two people otherwise living together. The victim is also not allowed to dismiss the charges once the accused has been arrested and the prosecutor will attempt to prosecute the accused even if the victim - usually the spouse or other domestic partner - refuses to testify and wants the charges dismissed. The punishment for these charges has increased over the years, as public awareness of the problem of domestic violence increases.
7) Crimes Against Public Order or Public Administration - Offenses involving some kind of action against a public official, a government institution, or a breach of the public peace. Examples of misdemeanors include disorderly conduct, public intoxication, failing to appear in court, unlawful assembly, and giving a false name or driver's license to a police officer. Examples of felonies are possession of a firearm by a convicted felon, treason, violent obstruction of a police officer, and violation of an oath of office. These types of cases may involve constitutional challenges as they can bump into constitutional protections under our Bill of Rights. At the same time, some of the more misdemeanor offenses may also be treated as "civil ordinance" violations, where the accused is allowed to pay a small fine for disturbing local community standards instead of being punished for a crime under state law.
Monday, July 13, 2009
Car Accidents
Our firm represents clients who have suffered personal injuries or property damage in automobile, motorcycle or truck accidents in Georgia and South Carolina. Such motor vehicle accidents include those involving drunk or hit and run drivers, uninsured or underinsured drivers, as well as accidents occurring from motor vehicle and semi-tractor trailer collisions and rollovers.
We also represent those injured in car accidents, collisions or crashes resulting from defective products or designs in automobiles and trucks, such as defective seatbelts, tires or gas tanks.
Injuries suffered as a result of these types of accidents can be severe and life altering. You may have suffered burns to your head or neck, have nerve damage or spinal chord paralysis, broken or dislocated a bone or limb, or even have lost the use of a limb. Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company or the responsible party will pay for future treatment relating to your injury. Our experienced attorneys will discuss your situation and go over the options available to you to make sure all your needs are handled quickly and appropriately.
Source
We also represent those injured in car accidents, collisions or crashes resulting from defective products or designs in automobiles and trucks, such as defective seatbelts, tires or gas tanks.
Injuries suffered as a result of these types of accidents can be severe and life altering. You may have suffered burns to your head or neck, have nerve damage or spinal chord paralysis, broken or dislocated a bone or limb, or even have lost the use of a limb. Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company or the responsible party will pay for future treatment relating to your injury. Our experienced attorneys will discuss your situation and go over the options available to you to make sure all your needs are handled quickly and appropriately.
Source
Monday, July 6, 2009
Decoding Car Accident Reports in Georgia - The Georgia Uniform Motor Vehicle Accident Report
Each year we review hundreds of accident reports. I recently found a good guide to help people figure-out the cryptic codes and other information contained in Georgia accident reports.
The Georgia Department of Transportation, headquartered in Atlanta, has created a nice guide for deciphering accident reports which can be found here.
Jurisdictions throughout Georgia pretty much stick to a standard accident report form called the Georgia Uniform Motor Vehicle Accident Report. Of course, there are a few law enforcement agencies, most notably in and around Atlanta, that use their own forms or use a modified version of the standard auto accident form.
I think that this guide will be helpful for the public as well as attorneys handling the occasional auto or truck accident case.
Source
The Georgia Department of Transportation, headquartered in Atlanta, has created a nice guide for deciphering accident reports which can be found here.
Jurisdictions throughout Georgia pretty much stick to a standard accident report form called the Georgia Uniform Motor Vehicle Accident Report. Of course, there are a few law enforcement agencies, most notably in and around Atlanta, that use their own forms or use a modified version of the standard auto accident form.
I think that this guide will be helpful for the public as well as attorneys handling the occasional auto or truck accident case.
Source
Monday, June 29, 2009
Experienced Atlanta Trial Lawyers Here to Fight for You
The Georgia attorneys of Garland, Samuel & Loeb are experienced and skilled in the areas of personal injury and civil litigation. Under the leadership of Robin Loeb, the firm has tried or settled numerous civil cases with judgments exceeding $1 million. Ms. Loeb has gained a reputation throughout the state for her meticulous preparation of complex civil litigation cases involving:
In Jackson v. City of Douglasville, the firm filed a civil rights case on behalf of the children of a man who was fatally shot by a police officer. That case settled for close to a million dollars.
Source
- Personal Injury: Serious Bodily Injury, Brain / Head Injuries, Burn Injuries, Spinal Cord Injuries, Back Injuries, Catastrophic Injuries, Injury or Damage by Animals, Injuries from Explosions, Fires, and Gas Leaks, Prenatal Injuries, Emotional Distress, and more
- Wrongful Death: Compensation for the death of a loved one due to Car Accidents, Health Care Negligence, Faulty Products, Dangerous Places, and more
- Automobile Accidents: Motor Vehicle Accidents, Tractor Trailer Accidents, 18 Wheeler Crashes, Truck Collisions, Car Accidents, Motorcycle Crashes, Pedestrian / Vehicle Accidents, Boating Accidents, Aviation Accidents, Plane Crashes, and more
- Malpractice : Medical Malpractice involving Hospital Negligence, Physician Errors, Nursing Mistakes, Birth Injuries, and other forms of Professional Malpractice
- Defective Products: Product Liability, Product Recalls, Warranty Liability, Products with Inadequate Warnings, Dangerous Products such as Accutane, Baycol, Bextra, Celebrex, Ephedra, Meridia, Prempro, Serzone, Sillica, Vioxx, Welding Rods, Asbestos, and more
- Premises Liability: Nursing Home Abuse, Swimming Pool Accidents, Parking Lot or Parking Garage Attacks, and more
- Business Dispute Litigation: Business Torts, Racketeering, Business Fraud, Breach of Contract, Class Actions, Intellectual Property, Shareholder Derivative Actions, Tortious Interference with Business Practices, and more
- Appeals: Handling Appeals and Habeas Corpus cases related to Criminal Convictions and other Unfavorable Judgments in civil cases, including injury and fatality cases
In Jackson v. City of Douglasville, the firm filed a civil rights case on behalf of the children of a man who was fatally shot by a police officer. That case settled for close to a million dollars.
Source
Monday, June 22, 2009
Atlanta, Georgia Personal Injury Attorneys
If you have suffered a catastrophic personal injury, you can’t afford to lose your case. The more serious your injury, the greater the challenges you will face, both medically and financially. To meet these challenges successfully, you have to be willing to fight.
At the Atlanta law firm of Watkins, Lourie, Roll & Chance, we have helped hundreds of injured people throughout Georgia take up the fight against the parties who injured them. Our victories include many multimillion dollar recoveries.
Source
At the Atlanta law firm of Watkins, Lourie, Roll & Chance, we have helped hundreds of injured people throughout Georgia take up the fight against the parties who injured them. Our victories include many multimillion dollar recoveries.
Source
Monday, June 15, 2009
Should Fulton Superior Court Judge Craig Schwall Be Appointed To The Georgia Supreme Court? Part Two
Earlier this week I blogged about Judge Craig Schwall, a Fulton Superior Court judge who has been nominated for promotion to the Georgia Supreme Court. Here is the conclusion of my thoughts on the matter.
Consider this comment from an attorney who was involved in one case I mentioned in my last post - the case where Judge Schwall banned a doctor from testifying for life:
" . . . there is such a thing as judicial temperament. It assures the public that a judge is making rational decisions instead of just spouting off unsupported views to degrade people who cannot defend themselves. Unfortunately this judge does not have it and he never will."
Saying "he never will" develop judicial temperament is a little strong for my taste. I for one hope very much that we will see a change for the better in Judge Schwall. No one is beyond redemption, no one beyond the reach of grace.
But I think it would be wiser to give Judge Schwall some time off the bench so he can work on developing the necessary attributes and temperament rather than promoting him to higher office.
I have seen Judge Schwall in action and can personally attest to his demeanor on the bench.
I had a wrongful death case in his courtroom when he was on the State Court bench. I went in to defend a motion to dismiss my client's case and Judge Schwall let the other side make their argument but did not permit me to make my argument. When it came time for our oral argument he turned into devil's advocate and I didn't get to present our response. He gave every impression of having no intention of giving us a fair hearing.
We dismissed that case and re-filed in Superior Court to get a judge who would listen. This caused much delay and unneccesary additional court costs for my clients.
Interestingly, Judge Schwall's office somehow didn't have a record of our dismissal and months after we dismissed and re-filed in a different court we got an Order from him granting the defendant's motion to dismiss the case. His Order was moot at that point, thank God!
Here is the rub - the case went on to settle for close to half a million dollars! The case had merit (Judge Schwall said it did not). The case had value (Judge Schwall said it had none). The clients deserved their day in court (Judge Schwall tried to deny them that).
That experience with Judge Schwall is the worst I've ever had with a judge becoming an advocate for one side.
I hope others have better things to report about Judge Schwall, I truly do. But I can not support his candidacy and am constrained to oppose it.
Source
Consider this comment from an attorney who was involved in one case I mentioned in my last post - the case where Judge Schwall banned a doctor from testifying for life:
" . . . there is such a thing as judicial temperament. It assures the public that a judge is making rational decisions instead of just spouting off unsupported views to degrade people who cannot defend themselves. Unfortunately this judge does not have it and he never will."
Saying "he never will" develop judicial temperament is a little strong for my taste. I for one hope very much that we will see a change for the better in Judge Schwall. No one is beyond redemption, no one beyond the reach of grace.
But I think it would be wiser to give Judge Schwall some time off the bench so he can work on developing the necessary attributes and temperament rather than promoting him to higher office.
I have seen Judge Schwall in action and can personally attest to his demeanor on the bench.
I had a wrongful death case in his courtroom when he was on the State Court bench. I went in to defend a motion to dismiss my client's case and Judge Schwall let the other side make their argument but did not permit me to make my argument. When it came time for our oral argument he turned into devil's advocate and I didn't get to present our response. He gave every impression of having no intention of giving us a fair hearing.
We dismissed that case and re-filed in Superior Court to get a judge who would listen. This caused much delay and unneccesary additional court costs for my clients.
Interestingly, Judge Schwall's office somehow didn't have a record of our dismissal and months after we dismissed and re-filed in a different court we got an Order from him granting the defendant's motion to dismiss the case. His Order was moot at that point, thank God!
Here is the rub - the case went on to settle for close to half a million dollars! The case had merit (Judge Schwall said it did not). The case had value (Judge Schwall said it had none). The clients deserved their day in court (Judge Schwall tried to deny them that).
That experience with Judge Schwall is the worst I've ever had with a judge becoming an advocate for one side.
I hope others have better things to report about Judge Schwall, I truly do. But I can not support his candidacy and am constrained to oppose it.
Source
Monday, June 8, 2009
Anatomy of an Auto Accident Insurance Claim
An auto accident insurance claim always begins with an accident. If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. At the first opportunity, you should report the accident with your insurance carrier and begin the process of filing a claim. After you have submitted your claim, a claims adjuster (someone who works for the insurance company and deals exclusively with claims) will either call, write or email you regarding your claim. He or she will then look at your policy to determine the types of coverage you have, deductibles, and any coverage limits that may affect your claim.
If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages and ask for a certain amount to settle your claim.
So, should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer and Settling Your Car Insurance Claim: How to Write a Demand Letter.
Negotiating with the Claims Adjuster
If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement.
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. An attorney will be able to advise you.
Source
If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages and ask for a certain amount to settle your claim.
So, should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer and Settling Your Car Insurance Claim: How to Write a Demand Letter.
Negotiating with the Claims Adjuster
If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement.
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. An attorney will be able to advise you.
Source
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