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 storefront car crash news story

This blog post by Lawrenceville, GA personal injury and wrongful death lawyer Richard Armond focuses on storefront car crashes. The Armond Firm, LLC, is located in Gwinnett County, Georgia, and litigates cases throughout metropolitan Atlanta and across the State of Georgia. If you or a loved one have been injured or lost in a storefront car crash accident contact trial attorney Richard Armond at (678) 661-9585 for a free consultation regarding a potential personal injury or wrongful death case.

Today a pickup truck reportedly crashed into a business in DeKalb County, Georgia. According to the AJC news report no injuries were reported. As you can see in the linked story there was, however, significant damage to the business and some power lines. 

Statistically storefront car crashes can be quite dangerous. According to the Storefront Safety Council operator error (30%) and pedal error (26%) are the leading causes of storefront car accidents. Their site reports this data was compiled from analysis of 11,000 accidents from 2013-2017. 

Storefront car crashes are a public safety concern. Fortunately in the local Atlanta news story nobody was injured. However, there are nearly 500 deaths in storefront car crashes nationwide each year. 

From the perspective of a personal injury and wrongful death attorney, most of the time the driver of the at-fault vehicle will be liable and the driver's liability insurance carrier and the victim's (if available) uninsured motorist insurance carrier will be sources of recovery. 

However, as the Storefront Safety Council points out, proper safety practices by a business can prevent these crashes. In parts of the country ordinances and laws are in place with safety measures designed to protect innocent victims of these car vs. pedestrian accidents. Additionally, some businesses have had a history of more than one of these types of crashes. In some instances it is feasible a business could also be subject to premises liability depending on all the facts and circumstances of a case.

If you or a loved one have been injured or lost in a car accident, pedestrian accident, storefront car crash, or any other accident in Georgia, please contact Gwinnett County based car and pedestrian accident 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 Nursing Home Abuse Indictment

Georgia Nursing Home Abuse Case

Personal injury attorney Richard Armond of The Armond Firm, LLC, is based in Lawrenceville, Georgia, near the Gwinnett County courthouse. He handles personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. This post involves recent news as reported in the AJC regarding an indictment of three staff members of a DeKalb County, Georgia, nursing home. As the baby boomer generation ages, nursing home abuse will unfortunately likely become more prevalent in the news.

Richard Armond was an experienced prosecutor who handled elder abuse prosecutions before leaving the Gwinnett District Attorney's Office to start his own firm. He uses that knowledge to protect the rights of elder persons and their families in the event a nursing home abuse lawsuit needs to be considered.

A brief summary of the news report on the incident

Three nursing home employees were indicted in DeKalb County, Georgia earlier this week according to the AJC. One of the employees was charged with felony murder and neglect of an elder person. The other two employees were charged with offenses relating to neglect of an elder person. It must be stressed at this time that those charged have a presumption of innocence. The victim was an 89 year-old World War II veteran who, according to the report, was captured on surveillance video in respiratory distress and calling for help. This case has been in the news previously for the wrongful death civil lawsuit aspect of the incident. 

Georgia criminal law on protection of elder persons

Georgia law has two main code sections dealing with crimes involving neglect and exploitation of elder persons. Both code sections outlined here involve criminal punishments of one (1) up to twenty (20) years in prison. 

  • O.C.G.A. § 16-5-101. Neglect to a disabled adult, elder person, or resident. Subsection (a) of this code section states:  "[a] guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized."

O.C.G.A. § 16-5-101 is what appears to be the underlying basis for all of the charges in the indictment. It criminalizes (a) willful (b) deprivation (c) of an elder person (or disabled adult or resident) (d) of health care or shelter or sustenance (e) to the extent health or well-being is jeopardized. It appears from the story that the allegation involves willful deprivation of health care to the 89 year-old World War II veteran. The essence of this statute is deprivation.

  • O.C.G.A. § 16-5-102. Exploitation and intimidation of disabled adults, elder persons, and residents; obstruction of investigation. This statute primarily addresses knowing and willful bad acts done towards elder persons (and disabled adults and residents), though it also criminalizes deprivation of essential services (and also has subsections addressing threats, intimidation, and obstruction). Subsection (a) of this code section states: "Any person who knowingly and willfully exploits a disabled adult, elder person, or resident, willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled adult, elder person, or resident, or willfully deprives of essential services a disabled adult, elder person, or resident shall be guilty of a felony. . ."  

O.C.G.A. § 16-5-102 is often used by prosecutors when a person financially exploits an elder person or when a person does some bad act such as a physical or sexual assault on an elder person. 

Both of these code sections have additional provisions including exceptions to liability, but the intent here is to provide a brief summary and comparison of the two statutes.

The felony murder aspect of the indictment

Georgia law at O.C.G.A. § 16-5-1 involves the crime of murder. "Malice murder" involves either an express deliberate intention to take a life or it can be implied when there is no provocation and circumstances show an abandoned and malignant heart. Again, this post is a brief summary on the law relating to the AJC news story. Malice murder is not the type of murder that will be at issue in this particular nursing home incident. 

Also in O.C.G.A. § 16-5-1 is the crime of "felony murder." Felony murder is basically where a person, while in the commission of a felony, causes the death of another person. This appears to be the basis of the nursing home neglect indictment in DeKalb County, Georgia. Essentially, the argument by prosecutors will be that while committing the felony crime of neglect of an elder person the alleged perpetrator caused the death of the World War II veteran. 

This Georgia case in DeKalb County while likely continue to receive media coverage for both the civil lawsuit and the criminal prosecution. Georgia nursing homes should be places of care and not abuse. Our elderly loved ones should live their last days with grace and dignity. 

If you or a loved one have been injured or lost because of neglect or abuse in a nursing home or other care facility in metro Atlanta or anywhere in the State of Georgia, please contact Gwinnett County based nursing home abuse 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.

DeKalb County, Georgia School Bus Pedestrian Fatality Accident

This blog post addresses an incredibly sad story in the Atlanta news today. It involves a wrongful death of a child in an auto accident/pedestrian accident case and personal injury to the child's mother. This incident happened in DeKalb County, next door to Gwinnett County where my practice is located. I handled personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. This post addresses some of the legal issues in a Georgia personal injury and wrongful death case such as the tragic one today.  

Today the AJC is reporting heartbreaking news from DeKalb County, Georgia, where an eight year-old girl and her mother were struck by a car. The girl has died and her mother has moderate injuries. Reportedly the girl and her mother were in a marked crosswalk and crossing the street for her school bus, which was stopped with its lights flashing and stop sign out. The driver of the car, whose name has not been released, has allegedly been arrested and charges are allegedly pending.

First and foremost thoughts and prayers should be with the mother of the child and her family.

Potential Liability in this Georgia Pedestrian Fatality and Injury Accident

I have written before about Georgia's rules of the road applicable to school buses (click here for that post). From a legal perspective this case would, after full investigation to determine if the driver was at fault, involve potential claims by child's parents for wrongful death and a personal injury action for the mother based on her injuries. 

In addition to evaluating negligence of the driver of the car, the early reports from the AJC seem to indicate the potential of violations involving O.C.G.A. § 40-6-163 for unlawfully meeting a school bus and O.C.G.A. § 40-6-91 for failing to yield to a pedestrian in a crosswalk. 

Investigation in a Georgia Pedestrian Fatality or Injury Case

Typically in fatality accidents such as this one the accident investigation unit of the DeKalb Police Department will complete a full investigation including an accident reconstruction report. They will typically download any data from the onboard computer of the offending vehicle to determine potential negligence based on speed or lack of braking. They will also typically do a full analysis of the vehicle to determine if there were any defects with the vehicle and to determine if it was properly maintained in areas such as the braking system and tire tread. Sometimes they will also look at cell phone records of the driver to see if phone usage at the time is an issue (distracted driving or texting and driving). 

Sources of Recovery in a Georgia Pedestrian Fatality or Injury Case

If it can be shown that the driver of the car in this Georgia pedestrian accident is liable through negligence and/or other violations of the rules of the road, the amount of automobile liability insurance she carried will be the first source of recovery of damages. Hopefully, this is more than the Georgia minimums of $25,000 per person and $50,000 total in any one incident. Unfortunately, it is not uncommon for motorists in Georgia to have bare minimum coverage.

A second source of potential recovery, and a major reason why a Georgia personal injury and wrongful death lawyer should be retained promptly, is uninsured motorist coverage on any auto policy in the household of the mother or child. It is important to protect your household to have this coverage on all of your auto policies. The reason is because this coverage can be a source of recovery in any accident involving a motor vehicle, including when a member of your household is struck as a pedestrian. This coverage can cover any loss should the driver of the car not have insurance or any amount of loss that can be proven as greater than the other driver's policy limit. Uninsured motorist coverage typically has strict time limitations and requirements for how your insurance company must be notified in the event of an injury. Failure to comply with your policy can result in a denial of coverage and a personal injury lawyer can ensure this is done correctly. 

Again, car accidents and pedestrian accidents such as the one today are tragic and heartbreaking. One family will never be the same. Our thoughts in prayers are with the girl and her family. 

If a loved one of yours has been injured lost in a car accident, pedestrian accident, or any other type of personal injury or wrongful death incident in 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.