Georgia Governor Signs into Law a Fixed School Bus Safety Statute

Today in Atlanta, the Governor of Georgia signed a bill fixing last year’s school bus passing law, according to a report by WSB-TV. A full reading of the text of Senate Bill 25 can be found on the Georgia General Assembly’s website.

The bill amends O.C.G.A. § 40‑6-163, which last year written in a manner that made it no longer a violation to pass a school bus (when loading or unloading children) from the opposite direction of travel when on a road divided by a center center turn lane.

That has been fixed as the problematic language has been deleted from the statute. Now, it is against the law again in Georgia to pass a school bus from the opposite direction when it is loading or unloading children on all roads except in the situation where it occurs “with separate roadways that are separated by a grass median, unpaved area, or physical barrier need not stop upon meeting or passing a school bus which is on the separate roadway or upon a controlled access highway when the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway." O.C.G.A. § 40‑6-163(b) (2019).

This law went effect immediately, so as of earlier this morning, February 15, 2019, safety measures in the law appear to be restored in Georgia. Hopefully, this fixed law will prevent tragic wrongful deaths and injuries for Georgia’s children.

If you or a loved one have been injured or killed in a Georgia automobile or pedestrian wreck, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Should I agree to mediation for my personal injury case?

This blog post by serious personal injury and wrongful death attorney Richard Armond addresses questions surrounding mediation as a means to resolving personal injury and wrongful death cases. Richard Armond of The Armond Firm, LLC, is based in Lawrenceville, Georgia, near the Gwinnett County Justice and Administration Center. He handles cases throughout metro Atlanta and the State of Georgia.

What is mediation?

Mediation is a form of alternative dispute resolution in which opposing parties agree to have a neutral party called a mediator listen to each party’s presentation of the case in attempt to reach an agreement to amicably resolve a case short of going to trial. Mediation, as opposed to arbitration, is non-binding. In other words, if either party in a mediation does not like the end result then they do not have to agree to the proposed resolution and can walk away still retaining the right to pursue claims or defenses in a lawsuit.

How does mediation work?

Mediation is less formal than proceedings in a court of law. Each side will agree to a particular Georgia registered mediator to hear the case between them and will schedule the mediation hearing for a particular date. Prior to that date, either side typically is allowed to present a summary and materials to the mediator in advance of the mediation to give the mediator a synopsis of the case and their position going into the hearing.

On the date of the mediation, each party will typically be assigned to their own room. The parties typically sign an agreement that the discussions which take place cannot be used against either party in any subsequent litigation. This is to encourage open talks in an attempt to settle the case. The parties will then get together briefly in a room so that each side can give an opening statement if they wish. Basically, this allows any party to state with everyone present what they believe the facts of the case are and what the damages are. Then, the parties retreat to their assigned rooms for private meetings with the mediator.

The mediator will often meet with the plaintiff and his or her attorney first to get the exact amount demanded and discuss the case from the plaintiff’s perspective. The mediator will then leave the room to meet with the defendant and his or her attorney. If the defendant has a counteroffer the mediator will then leave their room and present it to the plaintiff. The process can go back and forth a few times or many times. The goal of each side is typically to reach an appropriate resolution of the case.

Sometimes sides are able to resolve a case relatively quickly. More often, a mediation can go on for hours or even a full day. Sometimes it is clear that one side is being unreasonable and because of that the mediation ends quickly. Other times cases can be complex as strengths and weaknesses of cases, both in the facts and the law, are discussed with the mediator and negotiations continue.

If an agreement is reached the mediator will typically complete a brief settlement memorandum that each party signs regarding the terms of the agreement. If either side does not reach the result they wanted they can walk away to continue litigating the case in court. As stated earlier, the process is much less formal than court proceedings as the rules of evidence are not at issue, each side presents their case outside the presence of the other side, and things like presenting information in advance that would not be allowed in a court of law are permissible in mediations.

Is it a good idea to mediate a wrongful death or personal injury case?

That is a question for your attorney who knows the facts and law of your case inside and out. My experience is that mediation can be a very useful tool to get a case resolved appropriately without the risk of a trial. There is minimal downside to a mediation in that if either party does not like where the final settlement offer is at they may get up and leave without any of it effecting their case in court. Mediation in personal injury and wrongful death cases, however, is not free and the expenses to each side can be thousands of dollars. There is also strategy involved and personal opinions vary amongst attorneys as to how to present a case at a mediation. Some lawyers almost never present information in advance and others routinely waive opening statements. It is best to trust and listen to your lawyer during the mediation process.

If you or a loved one have been injured or killed in Georgia because of the bad act or negligence of another party, please contact Gwinnett County based personal injury and wrongful death lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia looking to fix school bus passing law

One thing we want Georgia traffic laws to do is to keep us safe on the roads through reasonable enforcement. According to the Atlanta Journal-Constitution, the Georgia General Assembly is looking to fix Georgia’s school bus passing law that went into effect on July 1, 2018. The statute at issue, O.C.G.A. § 40‑6-163(b), arguably was written such that it is no longer a violation to pass a school bus from the opposite direction of travel when on a road divided by a center center turn lane. Georgia Attorney General Chris Carr came to that opinion on August 20, 2018.

As the Atlanta Journal-Constitution story reports, Georgia lawmakers in both the House and Senate are looking to fix the law this year. This law is a major safety issue for our state and needs to be changed. The story cites a survey of school bus drivers in which 10,988 drivers witnessed 7,465 illegal passes in just a single day.

Further, there has been at least one documented wrongful death of a child since the new law went into effect. This past October in Colquitt County two children were struck while crossing the street to a waiting, stopped school bus. According to WCTV one child died and the other was seriously injured.

Hopefully, the Georgia General Assembly will fix the apparent error with school bus passing law and make our roads safer for children getting on and off the school bus.

If you or a loved one have been injured or killed in a Georgia automobile or pedestrian wreck, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Poll on public compliance with Georgia hands-free driving law

An article in today’s Atlanta Journal-Constitution (link here) cites a poll by the University of Georgia’s School of Public and International Affairs about how Georgia drivers are obeying the new hands-free law that went into effect on July 1 of last year. According to the article, 45% of those surveyed obey the new law all the time, while an additional 40% obey the law most of the time. However, 8.5% of the respondents said they seldom obey the law and 4.3% said they never obey it.

Encouragingly, the article mentions preliminary figures show fatality accidents appear to be down 7% last year, after several years of increasing numbers of roadway deaths led to the passage of the law to combat distracted driving.

As more statistics become available over the next few years, we may have a better idea whether the Hands-Free Georgia Act is making our roads safer. Distracted driving is a real danger and hopefully this law is and will prevent deaths.

If you or a loved one have been injured or killed in a Georgia automobile wreck, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Utah change in legal BAC limit to 0.05 may save lives

This blog post addresses a change in DUI law designed to prevent wrongful deaths and serious injuries in automobile accidents involving alcohol impaired drivers. Earlier this week a new law went into effect in Utah lowering the legal BAC to 0.05. Other states will surely be watching to see what effect this change has in saving lives in DUI related traffic accidents.

The USA Today (link to story here) published an interesting piece regarding some of the statistics regarding DUI accidents and fatalities pertaining to the lower 0.05 BAC limit. The story cites and links to a study (link to study on National Institutes of Health website here) by James Fell and Robert Voas which “concluded that a .05 BAC limit would prevent 11 percent of fatal crashes involving alcohol and save nearly 1,800 lives each year.”

The USA Today story further cites NTSB (National Transportation Safety Board) statistics which show that when a person has a BAC between 0.05 and 0.079 that person is seven times more likely to be in a fatal accident than a person with no alcohol in his blood.

They also cite statistics from the CDC (Centers for Disease Control) and NHTSA (National Highway Traffic Safety Administration) which show a person can start exhibiting impairment from alcohol with a BAC as low as 0.02 and that driving skills worsen considerably when a person’s BAC reaches 0.05.

Of particular note in the story, though 67% of fatality DUI accidents involve drivers with BACs of 0.15 and above, in 2016 there were 2,017 alcohol related fatalities nationwide involving drivers with BACs of under 0.08 (the legal limit currently in Georgia).

It will be interesting to see what effect this change has on traffic fatalities in Utah in 2019. If it has any significant impact on saving lives I would predict other states will soon follow by changing their laws. The USA Today story notes that most developed countries already have stricter DUI limits such as Utah’s new 0.05 legal limit.

If you or a loved one have been injured or killed in a Georgia traffic accident with a DUI driver, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia Traffic Fatalities for New Year's Travel Period

The Georgia Department of Public Safety has issued the final statistics regarding automobile accidents and fatality wrecks for the New Year’s travel period which began at 6:00 PM, Friday, December 28, 2018, and ended at 11:59 PM, Tuesday, January 1, 2019.

In total 18 people lost their lives in traffic crashes in Georgia during this recent holiday travel period.

These fatal crashes were investigated by the Georgia State Patrol, Dougherty County Police, Loganville Police, Atlanta Police, Rockdale County Sheriff’s Office, Chatham County Police, Gwinnett County Police, Newton County Sheriff’s Office, and DeKalb County Police.

The Georgia State Patrol alone investigated 550 traffic wrecks that resulted in 223 injuries and seven fatalities. They also made 368 DUI arrests and issued 6,971 citations during the New Year’s travel period.

Here is hoping you and your loved ones had a safe New Year’s celebration and will have a happy and prosperous 2019!

If you or a loved one have been injured or killed in a Georgia traffic accident, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia Traffic Accident and Fatality Statistics for Christmas 2018

The official statistics for Georgia traffic fatalities for the 2018 Christmas travel period are in and tragically 26 people lost their lives. According to the Georgia Department of Public Safety, there were 700 traffic crashes resulting in 333 injured persons handled just by the Georgia State Patrol (not accounting for local agencies). The Georgia State Patrol alone also made 285 DUI arrests.

Of the fatal accidents in Georgia for the 2018 Christmas travel period, the incidents occurred in the jurisdiction of the following agencies: Georgia State Patrol, Atlanta Police Department, Gwinnett County Police Department, Columbia County Sheriff’s Office, DeKalb County Police Department, Clayton County Police Department, Savannah Police Department, Lawrenceville Police Department, Dade County Sheriff’s Office, and Floyd County Police Department.

These statistics are based on a 126 hour travel period from 6:00 PM, Friday, December 21, 2018 to 11:59 PM, Wednesday, December 26, 2018.

If you or a loved one have been injured or killed in a Georgia traffic accident, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Final Georgia Traffic Fatality Count for Thanksgiving Travel Period

The last thing anyone wants to think about around the holidays is the need for a personal injury and wrongful death attorney or the statistics of Georgia traffic wrecks and fatalities. Unfortunately, with the high volume of motorists traveling and the fact that some people choose to drink and drive, car accidents, deaths on our roadways, and DUIs are more prevalent around major holidays.

The Georgia Department of Public Safety has released the final statistics for the 2018 Thanksgiving travel period. Statewide 15 people lost their lives in traffic crashes during the 102 hour period. Ten of these deaths were investigated by the Georgia State Patrol, while local agencies in Gwinnett County (1 fatality), DeKalb County (3 fatalities), and Cobb County (1 fatality) also investigated roadway fatalities.

The report also indicates there were 242 people injured in car or truck wrecks investigated by just the Georgia State Patrol over the travel period. The Georgia State Patrol alone also made 339 DUI arrests during the time frame.

As we head into the Christmas and New Year’s holidays, please take extra precaution on the roads and report suspected drunk drivers.

If you or a loved one have been injured or killed as a result of an unsafe driver, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia Traffic Fatalities for Labor Day 2018

According to WSB-TV, traffic fatalities in Georgia for Labor Day weekend in 2018 were double the number of fatalities from 2017. Additionally, DUI arrests and crashes increased from 2017 to 2018 for the Labor Day holiday weekend.

As cited in the WSB story, there were 18 traffic fatalities over the Labor Day holiday weekend this year in Georgia, while only nine last year. Total crashes increased to 446 from 396 the prior year, while DUI arrests increased to 332 from 248 the prior year.

Many holidays have higher fatality, accident, and DUI statistics than regular weekdays and weekends. Part of the reason for this is the consumption of alcohol and other intoxicants during holiday celebrations and part of the reason is the increased travel (with more vehicles on the road) during holidays.

The 2018 Labor Days statistics cited in the WSB story certainly do not show a trend when the only comparison is with the previous year, but they do offer all of us a safety reminder. When on the roads around any holiday, take extra safety precautions because there will be more cars on the road and there may be more intoxicated drivers out there. 

If you or a loved one have been injured or killed as a result of an unsafe driver, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia Pedestrian Fatalities on the Rise This Year

According to the Atlanta Journal-Constitution, fatal traffic accidents involving pedestrians are up 16% in Georgia this year. Georgia's new hands-free law goes into effect on July 1, 2018, but experts are looking for additional ways to prevent this increase in pedestrian fatality accidents. The AJC story notes that increased horsepower and larger vehicles may be a factor in the increase. This blog post by Richard Armond, a serious injury and wrongful death lawyer in Lawrenceville, Georgia, briefly highlights some of the sobering statistics involving pedestrian deaths in Georgia.

The AJC story linked above includes statistics which demonstrate the dangers to pedestrians in Georgia. Pedestrian fatalities appear to have been, in general, increasing over the last decade. Last year there were 260 pedestrian fatalities and there have been 111 so far this year. Further, Georgia had the fourth most fatal hit and run crashes in the United States in 2016, with 72 fatalities. Those numbers also appear, in general, to have been on the rise over the last decade. 

Please keep these statistics in mind when utilizing roadways and sidewalks as both a pedestrian and a driver to keep everyone safe and healthy. 

If you have lost a loved one in a pedestrian accident or you or a loved one have been seriously injured in a pedestrian traffic accident, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.