Georgia Pedestrian Fatality Accidents Increased in the First Half of Last Year

This blog post by Georgia personal injury lawyer Richard Armond discusses an article in today’s Atlanta Journal-Constitution (linked here) regarding an increase in pedestrian fatalities in the first half of last year.

The article notes that Georgia saw 130 pedestrian deaths in the first six months of 2018, which is up 32 percent from the same period in 2017. The article further mentions that nationally pedestrian fatalities increased, but only by three percent.

The article lists factors affecting the numbers in Georgia which include, among other things, population growth, the amount of time people spend walking, and drivers distracted by smartphones. Georgia’s population, and especially metro Atlanta’s, have been growing rapidly for decades. I think it is likely that greater population combined with more walkable environments are a major factor in the increase in fatalities.

In recent years in Atlanta and surrounding cities such as Decatur, Lawrenceville, Marietta, Norcross, Suwanee, Buford, and many others, we have seen a revitalization of downtown areas with restaurants and shops with a much greater emphasis on walkable areas. Instead of going to the mall, a lot of people now like to shop and dine in live, work, and play mixed-use areas and are on foot a lot more than a decade ago.

Drivers and pedestrians both must keep in mind the apparent dangers and use traffic safety skills to avoid harm. It will be interesting to see what the final statistics show for the second half of 2018. If you recall, the new Georgia hands-free law went into effect on July 1, 2018. The statistics in the article only cover the six months immediately prior to that new law going into effect. Perhaps, if drivers distracted by smartphones are partially to blame, we will see the number of Georgia pedestrian wrongful death accidents decrease or at least stop increasing in the future with the advent of that new law.

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

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.

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.

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.

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.

Georgia distracted driving bill in jeopardy

Trial lawyer Richard Armond of The Armond Firm, LLC, is licensed to practice law in the State of Georgia. Based in Lawrenceville in Gwinnett County, he handles serious injury and wrongful death cases throughout metro Atlanta and the State of Georgia. Call him for a free consultation at (678) 661-9585.

For those who follow Georgia politics, an important piece of legislation designed to reduce car accidents, save lives, and make our roads safer, is HB 673. This bill is intended to make an enforceable law which cuts down distracted driving by making non hands free cell phone use illegal. Unfortunately, as reported by the AJC (on the myAJC subscription site with limited free monthly access), the bill may have hit a snag in the Senate Judiciary Committee. Governor Nathan Deal did, however, endorse the bill in an interview on Georgia Public Broadcasting, noting the virtual impossibility of enforcing current distracted driving laws and safety. 

This piece of legislation will hopefully pass by next Thursday's deadline. I have written before on the dangers of distracted driving with the CDC statistics regarding traffic accidents and fatalities caused by distracted drivers. Please do not use cell phones while driving and keep our roads safe for everyone.

If you or a loved one have been injured in a car accident and would like to speak with a lawyer contact attorney Richard Armond at (678) 661-9585 for a free consultation.

The information above is for informational purposes only and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with a lawyer for legal advice.

 

Fatality Accident Statistics on I-285 in metro Atlanta

We need to work to eliminate fatality accidents in Georgia as we have way too many wrongful deaths on our roads. Georgia and metro Atlanta have some of the deadliest roadways in America according to a report by Vox. Depending on where you look at the statistics, different highways rank as the most deadly. The Vox report accounts for total miles of interstate highway when factoring its conclusions.

Based on total fatality accidents per ten miles of interstate, the report concluded I-285 in metro Atlanta, which traverses DeKalb, Fulton, Cobb, and Clayton counties as Atlanta's perimeter interstate highway, was the nation's deadliest interstate in 2013.  The report also notes that Georgia is the seventh worst state for fatality accidents.

Traffic fatality cases are some of the most emotional and difficult for a family to experience. Let us all work to improve traffic safety around Atlanta and make our roads safer.

If you have lost a loved one in a fatality car accident in Georgia, 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.