Welcome to Millar & Mixon: February 23, 2012
Trucking Accidents: Why You Need an Attorney
The Players
Trucking accidents are far more involved than motor vehicle accidents involving cars and non-commercial vehicles. If you have been injured by a commercial tractor trailer consider all of the players that may be involved in the case. There is the driver, common carrier, owner of trailer, shipper, consignee, broker, insurer and the logistics company, and all may be involved in some shape or fashion in your big truck accident. Every one of those people or entities may be independently liable for the damages that you sustained and you know what that means? It means that you can count on every one of them having their own lawyer fighting to prove that the accident was your fault!
The Rules and Regulations and Laws
Trucking accidents involve many different rules, regulations and laws that are not applicable to an ordinary motor vehicle accident non involving commercial vehicles. Of course,many standard state rules of the road do apply to all motor vehicle accidents. In addition to Georgia trucking rules and laws, trucking accidents also involve Federal Motor Carrier Safety Regulations or FMCSR’s. These Federal laws govern almost every aspect of interstate trucking and they apply to interstate trucking cases when they are adopted into state law. There are also state transportation regulations. It is important to have an attorney that knows these laws and that knows how to use them to protect your rights. For instance, state transportation regulations can be more restrictive than FMCSR’s. Knowing how to navigate the state and federal trucking laws is a necessity to your personal injury trucking accident case.
Time is NOT on Your Side
Trucking companies are required to document a lot of things. However they are only required to keep those documents for a relatively short time. Driver logs may be kept for as little as six months. Maintenance records may be kept for one year if the vehicle is in service and six months after. Vehicle inspection reports may destroyed after just three months.
If you have been involved in a trucking accident, aren’t you going to want to know what those documents might say about the truck and driver that hit you? Are you going to know how to get those documents? An experienced trucking accident attorney will know what you need and how to investigate your injury claim. Evidence of the trucking company’s negligence immediately begins to disappear after the trucking accident. Hire an experienced trucking accident attorney for your caseto help save evidence from being lost forever.
Posted by Millar & Mixon, LLC. Millar & Mixon, LLC is an Atlanta, Georgia personal injury firm. Our firm is able to handle serious trucking accidents all over the state of Georgia. If you or someone that you know has been hurt in an accident involving a large truck, call 770-477-6360 to speak to one of our experienced personal injury lawyers. Call 770-477-6360 or email info@millarandmixon.com. We answer 24/7!
Georgia Drivers: Pass Other Vehicles on Two Lane Roads With Care!
Sone of the most serious motor vehicle accidents that our Atlanta, Georgia personal injury firm sees often involves negligently passing on two lane roads in Georgia. A recent car accident we saw resulted in serious injuries to several drivers and passengers and multiple long term stays in a hospital and rehabilitation center for several of the victims. We would like to think that this accident could have been prevented had the driver of the vehicle that caused the accident passed the other vehicle with care.
Too many Georgia motor vehicle accidents are caused by unlawful passing on two lane Georgia roads. Because so many of Georgia’s roads are two lane roads, it is important to remember to pass with care and to only do so in areas where passing is authorized. In researching the issue of passing on two lane roads, our Atlanta Georgia personal injury attorneys consulted the 2010 Georgia driver’s handbook and found these following tips. We publish them on our blog with hopes that more people will see them and use these tips when traveling and passing other motor vehicles on Georgia’s two lane roads.
Please see the following tips from the Georgia Driver’s Handbook.
How To Pass On A Two-Lane Road
Wait for a passing zone to begin. A passing zone is indicated by striped lines to the right of the center line of the roadway. If the line nearest to your vehicle is solid, you are not in a passing zone. Look ahead along the roadway to determine the length of the passing zone and if there is traffic approaching from the opposite direction. You must have sufficient time and space to execute your passing maneuver and return your vehicle completely to the right lane before the passing zone ends, before entering an intersection, and before oncoming traffic is within 200 feet of your vehicle. Before leaving your lane to begin passing, check your rear view and side mirrors, and turn your head and look back to check your “blind spot.” Be certain that no one is passing you. Activate your left turn signal as you begin passing.
Pass on the left and do not return to the right lane until your vehicle is safely clear of the overtaken vehicle. Wait until you can see the car you have just passed in your rear view mirror.Activate your right turn signal before returning to the right lane. Be sure to turn your signal off once you have returned to the right lane.
Passing is prohibited on two-lane roads:
- In areas marked by a solid yellow line on the right of the center line, or a “Do Not Pass” sign, or double yellow lines.
- Within 100 feet of a railroad crossing.
- Within 100 feet of a bridge, viaduct or tunnel.
- When a car approaching from the opposite direction makes passing unsafe or will be within 200 feet of your vehicle prior to the completion of a passing maneuver.
- On a hill or curve where it is not possible to see oncoming vehicles which might be close enough to be a hazard.
- Within 100 feet of an intersection.
- On the shoulder of the road.
- When a school bus is stopped to load or unload passengers.
If you have been injured by a driver making an illegal pass, call the Atlanta personal injury car accident lawyers at the law firm of Millar & Mixon, LLC. Our Atlanta personal injury attorneys have been protecting the rights of Georgia’s injured since 1993. Our experienced attorneys are able to investigate your accident, work with the insurance companies and fight for your rights! Call 770-477-6360 for a free consultation or email info@millarandmixon.com for a free consultation. We answer 24/7 for your convenience and you will be offered a free consultation with one of our Atlanta personal injury attorneys.
Posted by: Joshua K. Madsen, Esq. Joshua K. Madsen is an Atlanta personal attorney at the Atlanta personal injury firm of Millar & Mixon, LLC. To speak to Attorney Madsen about a car accident or any other personal injury matter, please call 770-477-6360 or email him at info@millarandmixon.com.
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Georgia Law prohibits cell phone use while driving in a number of instances. Unfortunately, there is no promise that all drivers will follow the laws needed to keep drivers and pedestrians safe. If you or a loved one has been involved in a car accident and suffered injuries due to the careless cell phone use of another driver, it’s important to get legal help.
According to a 2009 report by the National Highway Traffic Safety Administration, of the 5,474 killed because of distracted driving, 995 involved reports of a cell phone as a factor. It’s important to note that some cell phone use may have gone unreported.
In 2009, for those who were injured, 24,000 involved reports of cell phone use as a distraction. Driving while distracted is a serious problem that can result in life threatening injuries and even death.
What are the laws regarding cell phoneuse while driving in the state of Georgia?
According to Georgia law, school bus drivers and drivers under the age of 18 are prohibited from using cell phones at all while driving.
Georgia law also prohibits all drivers from texting while driving.
In many cases, drivers don’t follow the law. If you have been involved in an accident in which the driver was using his or her cell phone while driving, it’s important that you seek legal counsel.
What type of careless driving occurs due to cell phone use?
- Taking eyes off of the road to read a text message or make a call
- Driving carelessly with one hand on the wheel
- Failure to pay attention to surrounding dangers
- Being distracted while being involved in a cell phone conversation
If you think that the driver who caused your accident was carelessly using a cell phone while driving, he or she may have been breaking the law. Our experienced attorneys can guide your throughout all legal proceedings.
We want to help you get the money that you deserve so that you pay for your medical expenses and get back on track with your life.
Where to get help?
The attorneys a Millar & Mixon have experience with representing the victims of distracted driving car accidents. We can help fight to get the compensation that you deserve and get your life back on track. CALL car accident attorneys, Millar and Mixon, now at 770-477-6360 or email us for a FREE case evaluation.
Our telephones are answered 24 hours a day and 7 days a week. We can help! CALL NOW.
Deadly RV Crash Involved Georgia Residents
At least two metro Atlanta men, have died in deadly RV (recreational vehicle crash) in Mississippi when their RV blew a tire and lost control. The men, along with friends and family were in route to New Orleans for the BSC Championship game between the University of Alabama and Louisiana State University. At least fourteen people were on board the RV when it crashed and hit a tree in the median. Law enforcement stated that there was no indication that alcohol or drugs were involved in the accident. The RV was a 2002 Freightliner.
At the time of this post, one passenger remained in intensive care in the hospital and four others were in stable condition after the crash accident. The RV was owned by a family friend and loaned to one of the deceased men. The driver of the RV was trained as a bus driver and had experience driving large vehicles such as the RV. Law enforcement authorities will continue to investigate the accident to see what if anything else may have contributed to the accident.
This deadly RV crash is an example of a catastrophic and life changing accident. This motor vehicle accident has left two dead and many more hospitalized with serious injuries. One of the deceased victims was from Riverdale and the other casualty was from DeKalb County. All of those hurt or killed have rights, and those rights deserve to be protected through strong and experienced legal representation. Such an accident will need to be inspected by experts representing the victims and not the insurance companies or local law enforcement. It is suggested that a tire failure was the cause of this serious motor vehicle accident. Evidence needs to be gathered to determine if that was the cause or if something else may have contributed such as a design defect in the tire or the motor vehicle ( RV ) itself. Please remember that just because only one of vehicle was involved in accident, it DOES NOT mean that it was the driver’s fault. Getting to the bottom of the causes of this serious accident will have a serious impact on the victims and their families.
Deadly accidents such as this require thoughtful and experienced lawyers that have the know-how and resources to investigate the accident so that the rights of the injured can be protected. If you or someone that you know has been involved in a serious accident such as this, please call our office at 770-477-6360 to discuss the case for free. Our Atlanta, Georgia firm of Millar & Mixon, LLC is experienced in dealing with serious accidents. Call Millar & Mixon, LLC for a free case evaluation. Whether it is an RV, Motorhome, Bus, Motorcycle, Bicycle, Car, Truck, or Tractor-Trailer, we want to talk to you about your serious accident.
770-477-6360 – info@millarandmixon.com www.millarandmixon.com www.thegeorgialawyer.com
A twenty-eight year old man was involved in a single motor vehicle accident in downtown Atlanta on New Year’s Day. The driver was riding north on Marietta Boulevard in downtown Atlanta, south of West Marietta street, early in the day when the vehicle left the road, drove down an embankment and collided with a tree. A preliminary investigation shows that the driver of the car was not wearing a seatbelt and he died at the scene.
As of the date of this posting, Atlanta Police did not have any information in regards to whether drugs or alcohol were involved in the accident, nor is there any evidence to suggest any other vehicles were involved. The driver of the single car accident died at the scene and there were no reports of any witnesses that may have seen what could have caused the car wreck.
This single car accident is an example of one of the many types of accidents that our Atlanta attorneys are contacted about. Many people believe that because only one car is involved in a wreck, then the wreck must have been the fault of the driver. This is a common misconception. While it is very common for single car accidents to be the fault of the only driver involved, it is not always the case. Some of the causes of single car accidents include:
- Tire blowouts or tire defects, such as sidewall or tire-tread failures
- Mechanical problems, such as brake or steering failures
- Defective parts, such as seatbelt failures or door latches
- Road defects, such as badly designed roads or improperly marked hazards
- Other unknown drivers
- Bad weather
It is also important to note that even if a single car accident occurs and the driver of the vehicle is at fault, there are other issues to consider in regards to injuries. Cars are designed to do certain things when an accident occurs: Airbags may deploy, roofs should not cave in, and door latches should prevent the doors from opening. These previously mentioned car safety designs are all examples of issues that can fail to prevent serious injuries or even death in a car accident. Single car accidents with serious injuries should be investigated!
Our firm of Atlanta personal injury attorneys is dedicated to protecting those seriously injured in all car accidents. Regardless of the facts of the situation, we are always happy to discuss any serious motor vehicle accident as we know that every accident is different. We will review accident reports and interview witnesses. We have expert investigators that are able to analyze the facts of all types of motor vehicle accidents and serious car crashes. Our experts are able to help! Call now for a free consultation and a free case evaluation.
Millar & Mixon, LLC is an Atlanta, Georgia personal injury law firm. Protecting the injured since 1993, our attorneys are experienced at helping the victims of serious injury cases. Please call 770-477-6360 to talk to an attorney for free today. Email at info@millarandmixon.com or check what others are saying about us by clicking here. We answer 24/7/365 and you will speak to an attorney for free at your earliest convenience.
Too many people are made ill by food borne germs. Many times sickness related to consumption of certain food and drink during the Holidays can be prevented through proper food preparation and storage. Here are some Holiday Food Safety Tips from the attorneys and staff of Millar & Mixon, LLC.
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Holiday Food Safety Tips When Shopping
- Buy your turkey 1-2 days before you cook it.
- Pick up the turkey, dairy and eggs just prior to checking out (Keeps them cool).
- Bag the frozen turkey or keep it separate from fresh produce.
Storing the Turkey/Perishable Foods
- Store the turkey in the freezer if you bought it several days or weeks before Thanksgiving.
- Keep turkey in the refrigerator if cooking it within 24-48 hours
- Keep the turkey in its package in a pan to keep any juices from getting into fresh produce or food.
Preparing Food Safely
- Wash your hands with soap and water.
- Keep working areas and surfaces, utensils and plates clean.
- Use separate cutting or chopping boards for meats and for fruits/vegetables. Don’t put cooked food on boards that have had raw food on them.
- Don’t wipe your hands with dish towels if you have touched raw food.
- Keep raw food away from vegetables and side items that will not be cooked.
Storing Leftovers Safely
- Store left-over food within two hours after serving, including pumpkin pie and desserts.
- Use shallow storage containers to store left-over food.
- Store in the refrigerator if eating left-over food within 3 days. Label and date.
- Keep in the freezer for longer storage time. Label and date.
Millar & Mixon, LLC – An Atlanta, Georgia personal injury firm wishes you and your family a safe and fun holiday season. To learn more about our Georgia attorneys please visit our website at www.millarandmixon.com Protecting the rights of the seriously injured since 1993, Millar and Mixon, LLC is always looking to help. If you or someone that you know has been seriously injured in a car, truck, motorcycle or other accident please call 770-477-6360 for a free consultation. We answer 24/7/365 and can also be contacted via email at info@millarandmixon.com Happy Holidays from Bruce, Steve, Kristen, Josh, Liandra, Alex, Janet, Joe, Debbie and Kelly!
Georgia Court of Appeals Reverses $300K Gwinnett Jury Verdict
In a case against manufacturer Yamaha (the maker of a 4-wheeled, open vehicle with two seats and a roll bar), a Gwinnett County trial resulted in a $300k + jury verdict against Yamaha when the vehicle rolled over, seriously injuring the driver. At trial, the defense asked the trial court Judge for a directed verdict, however it was denied. The defense appealed to the Georgia Court of Appeals and the Court ruled in favor of the defense asking the trial Judge to enter Judgment granting the directed verdict.
In ruling against the injured driver, the Georgia Court of Appeals wrote that the driver assumed the risk, therefore preventing him from any recovery against Yamaha. At trial, the driver was cross-examined and he admitted that he knew about the risk of rollover and the necessity of keeping arms and legs inside of the vehicle. His case was based on the argument that the manufacturer did not design the vehicle with a door. The Court did not agree with the argument and found that the lack of a door made the vehicle more useful to the driver in his farm work, the same work he was doing when he was seriously injured in the rollover accident. At trial the driver agreed that the vehicle was useful to him because it did not have the door and that he understood the vehicle’s warnings to keep all limbs inside of the vehicle. Further, the driver testified that he had read the vehicle’s manual.
It will be interesting to see if the case makes it to the Georgia Supreme Court. In this case the Georgia Court of Appeals found that driver assumed the risk even though this is a question is ordinarily for a jury. In quoting Young v. Brandt, 225 Ga. App. 889, 891 (3): “Although the assumption of the risk is ordinarily a jury question, in plain, palpable and indisputable cases resolution of the issue by a jury is not required.” The Court of Appeals obviously found that the evidence from the trial court was “plain, palpable and indisputable” in regards to the question of the driver’s assumption of risk. We will have to wait and see if the Court’s ruling stands.
To read the full opinion please see: Yamaha Motor Corp. v. McTaggart, No. A11A1022.
Posted by Millar & Mixon, LLC. Millar & Mixon, LLC is an Atlanta, Georgia, personal injury law firm that focuses on representing the seriously injured. Founded in Jonesboro, Georgia in 1993, Millar & Mixon, LLC represents the injured in Atlanta, and all over the state of Georgia. Millar & Mixon, LLC can be reached by phone at 770-477-6360, email at info@millarandmixon.com or via the web at www.millarandmixon.com Call us for a free case evaluation by one of our experienced Georgia personal injury lawyers.
- Get a lot of sleep when you know you have a big drive ahead of you.
- Stop at a hotel in case you have some late night driving.
- Know your body. If you generally have a time when you are sleepy or getting sleep, don’t drive during that time.
- Keep conversations going if you have a passenger. A passenger can help you stay awake or help alert you if you do not realize how tired you are.
- Take breaks and during those breaks, take a nap, take a walk and don’t start driving again unless you aren’t sleepy.
- Keep everyone that is sleepy in the backseat. If you have multiple passengers, make sure your most alert passengers are in the front to make sure that the driver is alert as well.
If you find yourself yawning with your eyes not staying open or being able to focus while you are driving, do not continue to drive in that condition. Yawning, not being able to stay in your lane and not remembering the last few miles of driving are potential indicators that you may be too tired to drive. Don’t take an unnecessary risk. Driving while drowsy is dangerous and can cause a car accident.
Hopefully these tips can help keep the roads safer and prevent people from driving if they are too sleepy to drive. At Millar & Mixon, LLC we take pride in representing Georgia’s injured. Our Atlanta attorneys are experienced in dealing with many different types of car accidents and personal injury situations. If you have been in a motor vehicle accident, call our Atlanta personal injury attorneys. Our firm is proud to represent personal injury clients in Atlanta and all over the state of Georgia. If we can ever be of service to you or any of your friends or family that have been involved in an accident, please don’t hesitate to call. We answer 24/7 and we will schedule you a free consultation with one of our Atlanta personal injury attorneys.
Posted by: Joshua K. Madsen, Esq. Mr. Madsen is an associate Atlanta attorney and Georgia personal injury attorney with the Atlanta, Georgia firm of Millar & Mixon LLC. Millar & Mixon, LLC protects the rights of Georgia’s injured. Call 770-477-6360 or email the firm at info@millarandmixon.com Visit our website at www.millarandmixon.com
Cobb County Lawsuit Related to Rape Case
A woman from El Salvador has filed a Cobb County Lawsuit against Cobb County, her attacker and her employer in regards to a 2008 rape and assault. The victim at the time was working at a Cobb County bar as a waitress. During one night on her shift, an off-duty Cobb County deputy wearing his badge around his neck began to threaten the waitress, eventually handcuffing her and taking her back to his apartment where he assaulted and raped her. The deputy was convicted of the attack, the kidnapping and the rape.
The Cobb County Lawsuit focuses on her employer because they allegedly failed to intervene in her kidnapping. The woman was finally able to escape from the deputy’s apartment when he became distracted by an unexpected visitor at his back door. A question of the lawsuit in regards to the deputy’s Cobb County superiors involves the question of whether or not there is liability on their part, even though the deputy was not working at the time of the incident. The lawsuit also alleges that the deputy used a county issued gun and handcuffs in the attack.
This case is an example of the potential complexity of a civil lawsuit. There are multiple parties accused of wrongdoing in this situation. The liability against the woman’s employer will need to be analyzed differently in comparison to the alleged negligence of the deputy’s superiors. The negligence (alleged) of those parties is factually dependent and will require a thorough review of case law and state made legislative law in regards to issues that may involve governmental immunity, premises security, worker’s compensation and criminal law.
Civil lawsuits are complex and require thorough analysis. Not all lawyers are capable or qualified to handle such complex cases. If you have a complex civil case involving serious injuries, negligence and even death, call the personal injury firm of Millar & Mixon, LLC. Our lawyers are experienced with investigating complex legal situations and have the resources available to make a determination on whether or not you have been the victim of someone else’s negligence.
Call Millar & Mixon, LLC at 770-477-6360. Our attorneys and professional staff are ready to get started in helping you, your friends and your loved ones. We have been protecting the rights of Georgians since 1993. We want to help you. Email our firm at info@millarandmixon.com to schedule a free consultation with one of our experienced personal injury attorneys today!
Establishing Liability in Negligent Security Cases
A negligent security case involving a person that is harmed by the criminal act(s) of a third party may depend on whether the landowner or business operator was aware of “substantially similar” incidents on the premises. Courts in Georgia have ruled that “substantially similar” does not have to mean identical. It has been held that importance should be placed on “whether the prior crimes should have put an ordinarily prudent person on notice that the invitees were facing increased risks.” Matt v. Days Inns of America, Inc. To read this 1994 Georgia Court of Appeals case please see 212 Ga. App. 792.
What does this mean for someone injured in a negligent security case by the criminal act(s) of others? It means that previous crimes that happened on these properties do not have to be identical to crime(s) that may have more recently injured someone on the property that is now seeking compensation for the owner’s negligent security. The injured party does not have to prove that the same crimes were committed in the past; the injured person needs to prove that the criminal acts were foreseeable on the part of the business operator or landowner.
Negligent security cases can occur at apartments, townhomes, retail stores, parking lots and many other locations. If a land owner or business owner fails to keep their premises safe for invitees (the general public that are expected to be there) and an invitee is injured by the criminal acts of a third person, the land owner or business operator may be responsible for compensating the injured party. Examples of negligent security include failing to keep adequate lighting in a parking or shopping area or even failing to hire security to patrol the area.
If someone that you know has been involved in a negligent security case, call the Atlanta, Georgia personal injury firm of Millar & Mixon, LLC. Our personal injury attorneys are experienced with protecting the rights of those injured in negligent security cases. We have been involved with helping those injured by the negligence of others since 1993. Millar & Mixon, LLC is an Atlanta, personal injury firm. Call 770-477-6360 to speak to an attorney for free today!
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