December 2013

2013 has been a great year for me. Since concluding service as immediate past president of the State Bar of Georgia in June, I have changed everything except my wife, children and home.

With an energetic new office, a great new staff, my advocacy batteries recharged through Trial Lawyers College, and now training for future adventures with my athletic son, we are poised to make 2014 our most productive year so far.

Back in 1996, I launched the first lawyer website in the Southeast. In 2003, I had the first lawyer blog in Georgia, and soon thereafter was an early

Police have reported that a recent fatal crash on I-75 in Henry County may have caused by tire failure.    The crash happened before 11:30 a.m. Tuesday on I-75 southbound just south of Jodeco Road.

According to media reports, investigators believe tire failure may have caused a Ford F-150 to overturn, ejecting both the driver and a passenger. The truck’s passenger died at the scene of the wreck, according to police. The driver was flown to Atlanta Medical Center with serious injuries.

We have seen tire problems contribute to catastrophic crashes many times over the years, with causes that sometimes

In our Atlanta personal injury and wrongful death law practice, which includes many accidents involving large commercial trucks, we sometimes encounter instances of parts flying off trucks and striking other vehicles. Fortunately, it is rare for cases like one in Texas that occurred in 2012. In that case, a South Texas jury returned a verdict for $281 million to the family of a man killed by a part breaking off a truck doing oil shale fracking work. The family was represented by Ron Rodriguez of Laredo, Texas, with whom appeared on Trucking Litigation Group seminar faculties.

On May, 29,

Cement mixer trucks have unique handling characteristics and are subject to much of the body of motor carrier safety regulations. But many of the cement companies have slack training and safety procedures.

In my Atlanta-based personal injury and wrongful death practice, which includes a large number of accidents involving large trucks, a while back I handled a case in which a cement mixer truck tipped over onto a family vehicle when turning at an intersection. The driver admitted he had never been trained on the special handling characteristics of the mixer truck – which has a high and constantly

As families prepare to travel during the holidays, make sure your kids are safely buckled up for the trip you and and that you understand the new child car seat standards that will change in the New Year.

Starting in 2014, the new recommendation states that the Lower Anchors and Tethers for Children (LATCH) system should no longer be used when the child and car seat combined weight is over 65 pounds. This is an amendment to the law made in 2001 that recommends all children up to 65 pounds remain in car or booster seats. However, when

Vehicle “Black Box” Data in Motor Vehicle Collision Cases

Our work in automobile accident lawsuits has been made more complex, and to some extent more subject to accurate proof, by the proliferation of “black boxes” recording computer data of some sort in virtually every late model vehicle on the road.

Most people have heard that after plane crashes, investigators look for the “black box” data recorder of the plane to figure out what caused the crash. What many drivers fail to realize is that cars and trucks also records significant amounts of data that can either help or hurt them

Henry County has always been a great hometown for folks who grew up there or who adopted it as it has become a growing suburb. I’ve felt it every time I have had a case there in the past 30 years and every time I went to one of my kids’ athletic events there.  It also has judges who thoroughly grasp the advanced principles of case flow management that I tried to advance through the Next Generation Courts Commission when I was State Bar president.

Henry County State Court Judge Ben Studdard, for example, has been one of

In the summer of 2012, a rash of fatal “boating under the influence” incidents plagued the Atlanta area lakes. This led the Georgia General Assembly to pass legislation to lower the blood alcohol limit for boat operators to 0.08%. This legislation makes the legal blood alcohol limit in operating a vehicle the same whether on land or on water.

Sadly, the reason for this new push in legislation came after two Gwinnett brothers were killed after a man struck their family’s pontoon boat in June 2012.

The man who caused the fatal lake crash, Paul Bennett, was accused of boating

As families prepare to travel during the holidays, make sure your kids are safely buckled up for the trip you and and that you understand the new child car seat standards that will change in the new year.

Starting in 2014, the new recommendation states that the Lower Anchors and Tethers for Children (LATCH) system should no longer be used when the child and car seat combined weight is over 65 pounds. This is an amendment to the law made in 2001 that recommends all children up to 65 pounds remain in car or booster seats. However, when the

Driver distraction related to use of cell phones and other mobile devices has become an issue in many if not most motor vehicle collision cases today. Lawyers handling wreck cases may want to get cell records on both the other driver and their own client.

Here is a short guide to obtaining cell phone billing records. You need to get the cell phone number, which may be a challenge, particularly where, for example, a truck driver carries two cell phones and only reveals one voluntarily in discovery.

Most cell phone service providers will comply with subpoenas and non-party