Georgia Labor Day 2019 Traffic Fatalities

Labor Day weekend is typically one of the most dangerous travel periods on Georgia roads. According to statistics released by the Georgia Department of Public Safety, nine (9) people lost their lives in deadly traffic accidents over the 78 hour holiday travel period in 2019.

Georgia State Patrol Troopers alone (not counting local agencies) investigated traffic accidents in which 288 people were injured this year. Also of note, Georgia State Patrol Troopers alone investigated 244 DUI cases and issued over 600 citations for violations of the Georgia Hands-Free law.

The fatality count for the 2019 Labor Day holiday weekend was half of the 2018 count.

If you or a loved one have been injured or killed as a result of an unsafe driver in the State of Georgia, 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.

Family Purpose Doctrine in Georgia Automobile Accident Cases

This article by Georgia personal injury lawyer Richard Armond is designed to give the reader a brief explanation of Georgia's "family purpose doctrine" or "family car doctrine" as applicable to automobile accident cases. The doctrine is one that is rooted in the law of agency and allows a plaintiff to pursue a claim for damages against the owner of an automobile who was not the driver during an accident when, in certain circumstances, a member of the owner's family was driving (in situations where the doctrine is applicable, a plaintiff can sue, for example, the parents of a minor child in addition to the child so that there is a source of recovery for damages).

What is the "family purpose doctrine?"

"The family purpose doctrine in Georgia provides that "[e]very person shall be liable for torts committed by . . . his child . . . by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily." Thus, "when an automobile is maintained by the owner for the use and convenience of his family, such owner is liable for the negligence of a member of the family having authority to drive the car while it is being used for a family purpose."" Dashtpeyma v. Wade, 646 S.E.2d 335, 337 (Ga. App., 2007).

In other words, a parent (or other member of a driver's household depending on the facts) can potentially be held liable under Georgia law for negligent acts of a driver from the household pertaining to the use of the family car for family use. A common example would be parents being held liable for an accident caused by their teenage son who was driving the family car home from school. There are, however, many other scenarios in which the doctrine can apply.

What legal elements muse be present for the "family purpose doctrine" to allow for liability?

There are four necessary preconditions along with a requirements regarding the parent/owner/furnisher's authority and agency under Georgia law. The four preconditions are:

(1) the owner of the vehicle must have given permission to a family member to drive the vehicle;

(2) the vehicle's owner must have relinquished control of the vehicle to the family member; 

(3) the family member must be in the vehicle; and 

(4) the vehicle must be engaged in a family purpose.

Dashtpeyma at 337.

Then, the authority and agency requirements, if those preconditions have been satisfied, are:

". . . [T]he doctrine renders the defendant vicariously liable if [defendant] had the right to exercise such authority and control that it may be concluded that an agency relationship existed between [defendant] and the family member with respect to the use of the vehicle." Id.

What is the purpose behind the "family purpose doctrine?"

"The policy behind the origin of the doctrine was the ever increasing number of automobile collisions and the frequency with which the negligent driver was found to be judgment proof. In the case of a family at least, this factor was minimized by finding liability as to the owner of the car who allowed family members to use the car for family pleasures." Anderson v. Lewis, 809 S.E.2d 260, 261 (Ga. App., 2017).

In other words, it is a policy based principle of law designed to give those people injured in automobile accidents by drivers who do not have funds to cover the losses (example: teen drivers) the ability to pursue the claim against a member of the household of the driver who supplied the car (example: the parent who gave the teen a car).

Conclusion:

This is a very brief summary of an area of Georgia law that can sometimes benefit a person who has been injured in a car accident. Factual scenarios such as whether grandparents supplying a car to a grandchild can be held liable, whether family members are actually part of the same household, and whether the doctrine even applies to certain parents of children depending on parental rights or household living arrangements are just some of the issues that can arise in this area of the law.

The law can be very fact specific when a motion for summary judgment is litigated on the family purpose doctrine and a knowledgeable plaintiff's attorney licensed in the State of Georgia is needed to protect the interests of an injured person.

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.

Parking Lot Injury Risk During Holiday Shopping Season

This blog post by Georgia personal injury and wrongful death attorney Richard Armond of The Armond Firm, LLC, discusses the dangers posed to pedestrians in parking lots by cars and trucks during the Christmas shopping season. The Armond Firm, LLC, is located in Lawrenceville, Gwinnett County, Georgia. Call 678-661-9585 for a free case consultation. Please stay safe to avoid personal injuries from car and truck accidents in parking lots this holiday season!

The holiday shopping season makes parking lots a greater risk of personal injury:

Christmas is right around the corner. People are hurrying about finishing their shopping. Roads are and parking lots are packed. Drivers are tired and frustrated. Factors such as these make a lot of people concerned about car accidents when driving around places like malls and shopping centers.

To stay safe this holiday season please keep in mind that once you park just getting to and from your vehicle is more dangerous at this time of year. The National Safety Council points out in its article “‘Tis the Season for Parking Lot Injuries” that the number of insurance claims for parking lot accidents increases on Black Friday and continues throughout the holiday shopping season.

The article also points out the many distractions drivers admitted to doing while driving in parking lots in a nationwide poll. These include grooming, texting, programming GPS systems, making calls, and taking photos.

The article further reminds us all of the dangers of vehicles backing or reversing in parking lots. Somewhat surprisingly, only 9% of pedestrian deaths in parking lots result from backup incidents.

When you are out holiday shopping please stay safe when driving on roads and parking lots, as well as when walking in parking lots to and from your car. When you have children please be extra vigilant about the potential dangers some motorists pose in parking lots. Stay safe this holiday season!

If you or a loved one have been injured or killed in a Georgia parking lot 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.

High Volume Predicated for 2018 Georgia Thanksgiving Travel

The Georgia Department of Public Safety has issued a press release regarding the Thanksgiving 2018 holiday weekend and the expected traffic accidents and fatalities during the travel period.

The report cites AAA with the prediction that this year will be the highest travel volume since 2005 with the vast majority of travelers in automobiles.

Last year the Georgia State Patrol alone investigated 665 crashes that resulted in 373 injuries and 11 fatalities. Certainly, the statewide numbers were higher if one were to take into account county and city police department investigations.

Please be safe on the roads this year and have a happy Thanksgiving!

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.

National Work Zone Awareness Week

This week is National Work Zone Awareness Week, which is designed to bring attention to motorist and worker safety issues on roadways. This blog post by wrongful death and personal injury lawyer Richard Armond of the The Armond Firm, LLC, in Lawrenceville, Gwinnett County, Georgia, is designed to spread the message regarding the dangers of work zones on highways and includes some safety tips.

The statistics cited by the Federal Highway Administration regarding work zones are most alarming. In 2016 there were 765 work zone fatalities in the United States and 712 in 2015. In 2016, 143 of those fatalities involved workers, while in 2015 there were 130 workers lost. Most people recognize the dangers involved in the hard work those workers are doing, but those statistics indicate it is also very dangerous for motorists traveling through work zones.

Wrongful deaths in automobile accidents of any type are tragic, but often preventable. The Federal Highway Administration offers the following safety tips when driving in highway work zones:

  • Know Before You Go. Check your phone apps, agency websites, and the radio for the latest traffic information to ensure a safe and timely trip.
  • Wear Your Seatbelt. It is your best defense in a crash.
  • Expect the Unexpected. Work zones change often. The area you drove through yesterday may look different today.
  • Avoid Distractions. Distracted driving in a work zone can have deadly consequences. Put down your phone and keep your eyes on the road.
  • Pay Attention to Other Drivers. Narrowed traffic patterns provide less ability to maneuver around other vehicles safely. Paying attention can prevent the need for evasive actions in work zones.
  • Don't Speed or Tailgate. Keep a safe distance from the vehicle ahead of you and don't speed. Tailgating and speeding lead to crashes with other vehicles and field workers.
  • Obey Road Crews and Signs. Flaggers know how best to move traffic safely in work zones. The warning signs are there to help you and other drivers move safely.
  • Be Patient and Stay Calm. Work zone crew members are working to improve the road and make your future drive better. Stay calm and drive safely.

Source:  https://ops.fhwa.dot.gov/publications/fhwahop18044/index.htm#source2

Please drive safely and attentively around highway work zones for your safety and for the safety of the workers and other motorists.

If you or a loved one have been injured in an automobile accident, 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.

Charter Bus from Gwinnett Headed to Masters Wrecks, Overturns

Driver alleged to have been DUI

According to the Gwinnett Daily Post, a charter bus from Gwinnett County crashed and overturned today on its way to the Masters in Augusta, Georgia. The story reports that there were 18 passengers on board and several were taken to the hospital. Fortunately, it appears the injuries were not life threatening. The driver of the bus was alleged to have been a DUI driver at the time of the incident. As a Gwinnett County personal injury and wrongful death attorney who handles cases throughout the State of Georgia, this sad incident brings up several legal issues regarding the rights of the injured.

Federal Law Requires Minimum Insurance for a Bus with this Number of Passengers

Knowing that the bus was one which carried 16 or more passengers, under Title 49 of the Code of Federal Regulations, Subtitle B, Chapter III, Subchapter B, Subpart C, § 387.303 the owner/operator was required to maintain a minimum of $5,000,000 in insurance liability coverage. Hopefully, none of the non-life threatening injuries were catastrophic.

If even one person received a catastrophic injury such as paralysis, if the company had bare minimum coverage that one claim could take up all the liability coverage available. For this reason, it is very important for anyone injured in such an accident to seek an attorney immediately to assert his or her claim before policy limits are potentially exhausted.

Additionally, evidence can be collected and preserved the sooner an attorney gets to work on the case. Motor carriers and their insurance companies get to work immediately to reduce their exposure. Spoliation letters to preserve evidence and the right to inspect evidence are important tools for a plaintiff's lawyer.

Punitive Damages at Issue with DUI Allegation under Georgia Law

Another part of this case is that the driver of the bus was charged with DUI. As this blog post is based on the news report linked in the first sentence of the post I must stress that the DUI charge is an allegation only and everyone charged with a crime s presumed innocent until proven guilty. However, should a personal injury lawyer have facts to prove this allegation, punitive damages will be at issue in the case. 

Under Georgia law, when a defendant was negligent while "under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired," punitive damages with no cap or limit can be sought. See O.C.G.A. § 51-12-5.1(f). In other words, if a DUI is proven the plaintiffs are not limited to $250,000 in punitive damages as is the case with many other tort cases in Georgia. 

Let's all hope these passengers recover to good health. 

If you or a loved one have been injured in a bus wreck, DUI wreck, truck wreck, or any other type of auto 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.