Welcome to Millar & Mixon: May 20, 2012
- Practice not texting while in the car. You can get used to it.
- Keep your phone out of reach while driving. It can be tempting to pick up your phone and make a call or answer a text. If you keep your phone out of sight and out of reach, it’s easier to follow the law.
- Turn your phone off while you’re in the car. Or, you may consider putting your phone on silent. This will keep you from becoming distracted while driving. You can always check your phone when you pull over or reach your destination.
- If you need to make an important call or text, pull over. You can safely communicate with others while you are parked on the side of the road or in a parking lot. This will allow you to have full focus on the call or text, while avoiding breaking the law and causing injury.
SHOCKING BUT TRUE! Georgia Jury’s Almost Never Hear About Insurance Coverage!
Most people are shocked to learn that if you go to trial in Georgia for a car accident, truck accident or motorcycle accident injury case, the Jury almost never is told that the at-fault driver has insurance! In most cases, the existence of automobile insurance coverage is not admissible into evidence. In some Georgia trials, telling the Jury that the defendant is insured can actually cause a mistrial.
Why is this important? Jurors are often confused into thinking that an insured person who caused an accident is actually paying for the expensive defense lawyer herself and will then have to pay for any verdict out of her pocket. This makes many jurors feel more sorry for the negligent driver than for the injured person. How fair is that?
For some reason, Jury’s are often forget that while they drove their own “insured” car or truck to the Court house, the defendant him or herself is most likely insured also.
How does this happen? Insurance companies and defense lawyers are experts at making it look as if a verdict against their insured client may lead to possible financial disaster for the defendant. They do not want the jury to know that there is insurance coverage, and the insurance company lawyers are paid well to keep as much of the insurance company’s money as possible out of the hands of the injured person.
Fight back! Make sure you choose a personal injury attorney or law firm that has a history of many jury trials against car, truck and motorcycle accident insurance company’s. Top-notch personal injury lawyers know how to combat the tricks and techniques used by expert insurance defense lawyers to try to hold down or reduce jury verdicts.
Posted by Kristen M. Pitts, Esq.. Kristen Pitts is an attorney at the trial law firm of Millar & Mixon, LLC. Millar & Mixon, LLC is a personal injury firm dedicated to protecting the interests of Georgia’s injured. Founded in 1993, our firm offers zealous advocacy, and compassionate representation. Call 770-477-6360, use our contact form or email info@millarandmixon.com for a free case evaluation.
Our phones are answered 24/7 and our messages are checked often. Call or contact us day, night, weekend or holiday and you will speak to an attorney right away, for free. Call Now!
What to Do After a Georgia Bicycle Accident
Posted by Liandra N. Marchan, Esq.
Unfortunately, car accidents involving bicyclists are extremely common. If you’re been injured while riding your bicycle, it can be painful, upsetting and scary. Our Georgia lawyers have represented many cyclists who have been hit by cars and trucks, and we can help you!
If you happen to be involved in a bicycle accident, protect your legal rights by doing these things
Wait for the police to arrive.
Just like in a car accident, contact the police and wait for their arrival. With the help of the police, you will be able to file a police report. Even if your injuries are minor, it’s important to file a report because you may find that your injuries continue to get worse.
While waiting for the police, make sure to keep contact with driver to a minimum. Once the police arrive, you will be able to get all conversation documented.
Explain your side of the story to the police.
The police will document the motorist’s side of the story. It’s also important to make sure that the police also document your side of the story. You will want to report all injuries in the police report. Even if you are not sure how seriously hurt you are, if you feel pain, tell the police officer. Be respectful and cooperative throughout the entire process.
Write down driver and witness contact information.
Get as much information from the driver and any witnesses as possible. This includes getting the name, address, and phone number from the driver and witnesses and the model and make of the car, driver’s license information and insurance information from the driver.
Take pictures and document everything right away.
If you are able to do so, it is important to take photos of the accident scene and to write down what happened in the accident while it’s still fresh in your head. Sit down and take note of the accident events, injuries, road conditions, and anything else that you feel may aid in your case. It’s best to write down as much information as possible.
Contact a Georgia bicycle accident attorney BEFORE you talk to the insurance company.
Get the help of an experienced Georgia bicycle accident attorney. You will be advised on what steps you need to take and will be able to get your questions answered. An attorney will also handle all communication with the driver’s insurance company.
Where to get help:
Our Georgia law firm, Millar & Mixon has experience in bicycle accident injury cases. Please review the case results pages of our website, www.millarandmixon.com, for more information about the cases we have handled in the recent past. We can help fight to get the money that you deserve and get your life back on track.
CALL Georgia bicycle 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 and if you call or email us today, you will speak to a friendly and compassionate attorney right away. CALL NOW!
Need to Sue A Georgia Drunk Driver?
A 2008 report by the Georgia Governor’s Office of Highway Safety states that there were 238 fatal crashes involving alcohol and 5,052 alcohol involved crashes that led to serious injury on Georgia’s roadways.
If you or a loved one have been hurt by a drunk driver, it helps to first know the law and what your legal rights are.
How does Georgia decide if a driver has committed DUI?
In Georgia it is illegal to operate machinery while using drugs or alcohol. A driver who has a blood alcohol concentration of .08 percent has committed a crime and may face DUI charges.
Even if the drunk or drugged driver who caused an accident does not have a blood alcohol concentration of .08 or higher, he or she may still face serious consequences. You should still put up a fight! The driver may still be considered “less safe” under the law of Georgia.
A drunk driver in GA may face harsh punishments
First time Georgia DUI offenders are subject to up to one year of jail time. Additionally, they are legally required to pay costly fines. They may also be required to complete community service and will have their license revoked.
What about my medical bills, lost pay, and money to punish the drunk?
If you have been hurt by a drunk driver in Georgia, you can make a claim to have your medical bills and lost earnings paid, for pain and suffering, and for punitive (“extra”) damages to punish the drunk. If someone in your family has been killed, the drunk driver may be responsible for paying a wrongful death claim to you and your family
Posted by Liandra Marchan, Esq., an attorney at Millar & Mixon, LLC. The Georgia lawyers at Millar & Mixon have experience with representing injured victims of DUI and drunk diving accidents. We can help you. CALL 770-477-6360 or email us for a FREE case evaluation. Our telephones are answered 24 hours a day and 7 days a week. CALL NOW.
Own a BMW? Here Is a BMW Recall You Should Know About!
Late last year, a BMW recall of over 240,000 2002 – 2005 BMW 3 Series models was announced due to a problem with the taillamps. In a report by the National Highway Traffic Safety Administration (NHTSA) said the taillamps may have a problem with lighting the turn signals, brake lights and night lights. This is a serious safety issue, and could endanger you or others on the road and could lead to products liability lawsuits! The BMW recall includes cars made between September 1, 2001 and March 1, 2005.
The models covered in the recall include the 325i, 325xi, 330i and 330x. It is believed that up to 20% of the 240,000 models may have the problem. The company began making the repairs to the vehicles in October of 2011. BMW began notifying owners and dealers of the issue and the repairs will be made free of charge. Owners with vehicles covered in this recall should contact BMW or their dealer as soon as possible to schedule the repair work.
Losing the taillamps and night illumination on a motor vehicle poses a serious risk to anyone driving on our roads. Without properly functioning tail lights, avoidable accidents may happen. Manufacturers are responsible for placing safe and proper functioning cars on the road. When you a buy a car, you expect that it will be safe for you, your passengers and others on the road. BMW’s recall is an example of a possible products liability disaster. Hopefully the manufacturer caught this in time and has made the vehicle owners aware of the necessary repair work before any more motor vehicle accidents occur.
Have you been involved in a car, truck, bus or motorcycle accident that resulted in serious injury? If you have, please let our experienced Atlanta, Georgia personal injury attorneys know. Whether you have been hurt in an accident caused by another driver or a faulty vehicle, you may be eligible for compensation for your medical bills, lost wages, pain and suffering. Serious accidents and serious injuries require skill and care. Our personal injury lawyers work hard in Atlanta and all over the state of Georgia to protect the rights of Georgia’s injured. Call 770-477-6360 or email info@millarandmixon.com to schedule a free case evaluation with one of our experienced Georgia lawyers.
www.millarandmixon.com www.thegeorgialawyer.com Millar & Mixon, LLC – A Georgia Personal Injury Firm.
Single Car Accident? You may have a case and not even know it!
Many people believe that because only one car is involved in a crash, then the wreck must have been the fault of the driver. This can be a mistake! While many single car accidents are the fault of the driver, that is not always the case. A serious single car accident should investigated by an experienced Georgia car accident or products liability lawyer to find out if there is a claim related to a defective or broken part. We have even seen cases where a single vehicle crash was caused by a negligent repair.
Some of the causes of single car accidents include:
- · Tire blowouts or tire defects, such as sidewall or tire-tread separation 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
- · Airbag failures to deploy
- · Negligent repair of parts, such as tie-rods, brakes, or steering columns
Cars are also designed to protect you when an accident occurs: Airbags should deploy, roofs should not cave in, and door latches should prevent the doors from opening. Our lawyers work closely with expert investigators and specialists to analyze serious motor vehicle accidents and car crashes. Car safety issues in a single car accident, especially involving a roll-over, roof-crush, defective air bags, or involving a serious injury or death deserve to be investigated.
Our Georgia law firm of Atlanta personal injury attorneys is dedicated to protecting those seriously injured in all car accidents. Call us with your concerns, and a friendly and compassionate attorney at Millar and Mixon will review your case immediately over the phone at no charge. If we think you have a case, we will meet you at our office, your home, the hospital or wherever you are most comfortable. We want to help you!
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, including in the evenings and on weekends. Call now!
Should Texting While Walking be Outlawed?
As Georgia personal injury attorneys who handle a lot of accidents involving cars, trucks and motorcycles, we are often asked for our opinions about texting related injuries. Most people know that texting while driving is illegal in Georgia because of the distraction it causes. At the same time, there has also been an increase in pedestrian injuries and deaths.
Should texting while walking now be outlawed as well?
Believe it or not, legislators have begun the debate and the state of New York has taken the lead, planning to ban texting (as well as the use of MP3 players, iPods, cell phones, smart phones, and other electrical devices) in large city crosswalks. The proposed ban applies to joggers as well.
Oregon is banning bicyclists from using cell phones and music electronics while riding. Similar laws are under consideration in California and Virginia.
CNN recently showed a clip of a woman texting while walking in a mall. She walked right into, and fell over, a knee-high wall.
Such legislation brings criticism and giggles, but the fact remains people are being injured, sometimes fatally, while walking and texting. What do you think? Could texting related injuries be avoided with such legislation?
Millar & Mixon, LLC. is a Georgia personal injury law firm. Since 1993 our attorneys have been leaders in the Atlanta community in helping accident victims get the financial compensation they deserve. Call us for the personal support, compassion and help you need to get your life back in order. Our phones are answered 24 hours a day at 770-477-6360. Email us at info@millarandmixon.com.
Pursuit of Own Stolen Vehicle Alleged as Cause of Accident: New Case Discusses Potential Liability
As Atlanta, Georgia car accident injury lawyers, we sometimes see some interesting legal news. Recently, the Georgia Court of Appeals ruled against a couple who filed a lawsuit against the owner of a stolen van. On November 14, 2007 the owner of a van and his friend were at the owner’s home when the van was stolen by a thief. Hearing the van’s tires squeal out of the driveway, the owner and the friend got into another vehicle and attempted to follow the van through Stone Mountain, Georgia.
The van owner and friend pursued and began to search for the vehicle. Soon they lost sight of it and did not see it again until it had been in a crash on with another vehicle, resulting in serious injury to the vehicle’s passengers. The injured couple brought a lawsuit against the van owner and the friend for their injuries. Their suit alleged that the van owner and his friend’s continued pursuit of the stolen van was the cause of their injuries.
The Georgia Court of Appeals threw out the case and ruled that there was no evidence that the pursuit of the van caused the crash. BUT, this does NOT mean that it is OK to chase a thief who steals your car! If just a few facts had been different, the case could have been very different and the owner could have faced a large judgment. For example, if the owner had not lost sight of the thief and was in hot pursuit or had violated traffic laws, the owner could have been sued.
This case is a great example of how complicated a simple auto accident can be. Every motor vehicle accident is different. Millar & Mixon, LLC a Georgia personal injury law firm can help if you have been seriously injured because of the negligence of another. Call 770-477-6360 for your free case evaluation. To read the case in its entirety please see Whitlock v. Moore, decided by the Georgia Court of Appeals on November 3, 2011.
This post was written by Joshua K. Madsen, Esq. Mr. Madsen is a personal injury attorney with the Atlanta, Georgia law firm of Millar & Mixon, LLC. To speak to Mr. Madsen about this post or any other personal injury related topic, please email info@millarandmixon.com or call 770-477-6360
Insurance Update: State Farm Study Predicts Fewer Georgia Deer Related Car Accidents
(Posted by Joshua K. Madsen, Esq. of Millar & Mixon, LLC.) State Farm insurance has predicted fewer deer related car accidents on Georgia’s roads. Last year, 1 in 150 Georgia car accidents involved deer strikes. The ratio for the first half of 2011 was about 1 in 154. It is impossible to determine the exact cause of why fewer deer accidents are anticipated, however it could be related to changes in deer population or even economic factors such as the cost of gasoline or home sales.
With people traveling less, a fewer number of motorists could be a cause for the decline. Also, with the building industry and home sales in an economic decline, fewer acres of land being cleared amounts to fewer deer being displaced. A growing number of coyotes are also thought to be a potential cause, as other data supports the idea that coyote numbers are growing throughout the southern states and they feed on deer, impacting the southern deer population.
A State Farm report states that the average property damage cost of deer related car accidents (including motorcycles and other vehicles) during the last half of the 2010 calendar year and the first half of 2011 was $3,171.
Millar & Mixon, LLC is an Atlanta Georgia personal injury firm focused on helping the victims of serious motor vehicle accidents. While we may not be able to help you make a claim against a reckless deer, we can help get you justice for many other types of car and truck accidents, such as rear-end crashes, vehicle roll-overs, and reckless, careless or drunk drivers, or vehicle defects such as airbags that fail to deploy or failing seatbelts or roof-crush cases.
Founded in 1993, Millar & Mixon, LLC, represents the injured all over the state of Georgia. If you or someone that you know has been injured in a car, truck or motorcycleaccident, call 770-477-6360 or email info@millarandmixon.com Our personal injury attorneys will give you a free consultation and will meet with you at your earliest convenience. Call Now! We answer 24/7.
In Georgia it is against the law to drive improperly equipped or unsafe vehicles!
In Atlanta, Macon, Columbus and Albany and all over the state of Georgia we see cars on the road that shouldn’t be driven! Whether it’s bad tires, no headlights, broken turn signals or smoke spewing out the tailpipe, cars that shouldn’t be on the road are a danger to everyone on the road. Drivers of unsafe vehicles are putting themselves at risk along with their passengers and the folks that they share the road with. The State of Georgia makes it clear that unsafe vehicles have no place on Georgia’s roads and those drivers that drive unsafe vehicles will be punished!
The Atlanta Personal Injury Attorney, Bruce R. Millar, Esq. of Millar &Mixon, LLC has represented victims of catastrophic accidents that involved unsafe vehicles. Some of his clients have included accident victims in cases with roll overs, bad tires and mechanical failures that could have been prevented through proper maintenance and inexpensive repair jobs. Victims of these accidents have had injuries ranging from paralysis to serious head and neck injuries that required surgeries. If you or someone you know has been involved in a serious car accident, call an experienced Atlanta Personal Injury Attorney. Car accidents involving serious injuries and unsafe vehicles can be scary and complicated. An experienced Atlanta Personal Injury Attorney can help you protect your legal right!
Serious car accidents require serious attention. An Atlanta Personal Injury Attorney can help you understand the law(s) and regulations that affect your case. Such an attorney will know how to deal with what is important, so you don’t have too. Medical bills, insurance companies, insurance policies, traffic laws, witnesses, accidents reports, potential court dates and your property damage will most certainly add to your confusion. Let Bruce R. Millar, Esq., an experienced Atlanta Personal Injury Attorney try to help you and makes some sense of the confusion that has accompanied your serious Georgia car accident.
To read the actual Georgia Law on the issue of unsafe vehicles and the penalties for driving them, please see:
O.C.G.A.§ 40-8-7. Driving unsafe or improperly equipped vehicle; punishment for violations of chapter generally; vehicle inspection by law enforcement officer without warrant
(a) No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof, unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
(b) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any street or highway any vehicle or combination of vehicles:
(1) Which is in such unsafe condition as to endanger any person;
(2) Which does not contain those parts or is not at all times equipped with such lights and other equipment in proper condition and adjustment as required in this chapter; or
(3) Which is equipped in any manner in violation of this chapter.
(c) It is also a misdemeanor for any person to do any act forbidden or fail to perform any act required under this chapter.
(d) Any vehicle suspected of being operated in violation of this article may be the subject of an inspection conducted by any law enforcement officer who has reason to believe such violation is occurring, without the necessity of obtaining a warrant to permit such inspection.
Posted by Atlanta Personal Injury Attorney Bruce R. Millar, Esq. Mr. Millar is a senior partner at the Atlanta, Georgia Personal Injury law firm of Millar & Mixon, LLC. Mr. Millar has been protecting the rights of the injured since 1993and wants to help you if you have been injured in a serious car accident or other motor vehicle accident injury. For a free consultation email info@millarandmixon.com or call 770-477-6360 for a free consultation.
