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Fatal Accident in Savannah, Georgia

8/31/2015

 
Jarrett & Price, Savannah Auto Accident AttorneysJarrett & Price, Accident Attorneys
Savannah had another fatal accident over the weekend.  The accident occurred on the Diamond Causeway near the landings that sent two people to Memorial and killed one person.  This incident is the latest in a string of traffic fatalities in the Coastal Georgia region over the last several months.  For more information regarding this incident visit the article on WTOC. 


Auto accidents involving fatalities present several legal issues for the survivors of the accidents and the families of those who die.  If the at-fault driver was intoxicated, the victims may be able to recover for punitive damages.  For information about what types of damages are recoverable in an accident law suit, visit our page dedicated to the topic.  




Another Fatal Car Accident in Chatham County, Georgia

8/24/2015

 
Jarrett & Price, Fatal Accident Attorneys in Savannah, GAJarrett & Price, Trial Attorneys
Chatham County has had a tragic year in terms of the number of fatal auto accidents in 2015.  According to data compiled by the Accident Data Center, Chatham County has seen 33 fatal accidents in 2015.  This statistic does not include an accident from August 17,  2015.  WTOC reported an accident involving a logging truck was struck by a driver in a Camaro who lost his life. 

According to a report by WTOC in Savannah,  on August 24, 2015, a minivan was struck head on a Hyundai that was going in the wrong direction on I-516 in Garden City.  A passenger in the minivan died as a result of the accident and the driver was taken to the hospital.  The driver of the Hyundai exited his vehicle and jumped from the bridge, possibly breaking his legs in the process.  The driver of the Hyundai has also been taken to the hospital and charges are pending against him.  There have not been any reports on why the driver ran from the scene.  

Tragically, the victims of accidents like this one will have to do their best to put their lives back together because of the negligence of one person.  Their lives will be forever altered and nothing can happen that will bring back their loved one.  Georgia law provides for family members of victims of fatal accidents to recover damages from the at fault parties.  For comprehensive information regarding the types of recovery available, visit our Fatal Accident page.  

Georgia's Police Departments Are Stepping Up Enforcement on DUI Over Labor Day Weekend

8/21/2015

 
Jarrett & Price, Savannah Injury and Accident AttorneysJarrett & Price, Trial Attorneys
Numerous news articles are informing the public that Georgia law enforcement will be patrolling the interstates, highways, and roadways in the State over the Labor Day weekend in an effort to reduce the number of people driving under the influence.  A recent news report from WJCL in Savannah states that the Director of the Governor's Office of Highway Safety, Harris Blackwood, indicated an increased presence of officers on patrol.  There will also be increased sobriety checkpoints over the weekend.  

The various Georgia law enforcement agencies' participation in this program is part of a nationwide annual enforcement crackdown campaign.  This crackdown will include a national advertising campaign with the tag line "Drive Sober or Get Pulled Over."  The focus of the campaign is to zero in and target drunk drivers.  

In 2014, Georgia's roadways had 15 traffic fatalities and 1,200 injuries over the Labor Day celebration.  That was down from 2013, where Georgia had 22 traffic fatalities.  Driving under the influence of alcohol was a factor in 10,076 traffic fatalities in 2013 nationwide according to a study conducted by the National Highway Traffic Safety Administration (NHTSA).  


Georgia drivers who decide to take the risk to drive not only put themselves at risk of getting charged with a DUI, but also put other drivers at risk.  If a driver who is under the influence is involved in an accident in Georgia that results in serious bodily injury, that driver may be charged with serious injury by vehicle, a felony, and would face 1 year to 15 years imprisonment.  O.C.G.A. § 40-6-394.  If the driver is involved in an accident that results in a fatality, that driver faces the possibility of being charged with homicide by vehicle and 3 years to 15 years imprisonment.  O.C.G.A. § 40-6-393.  

Law enforcement will be out in force to try to reduce the number of fatalities and injuries from traffic accidents involving alcohol this coming Labor Day weekend.  It is important to remember that our system of justice in the United States requires that a person charged with DUI (or any crime) is presumed innocent and the State establishes beyond a reasonable doubt that the person is guilty.  Officers sometimes make mistakes in arresting suspects.  When a sobriety checkpoint is utilized to arrest a driver for DUI, there are Constitutional law requirements that the officers must establish in order for the evidence to be admissible in a court of law.  


If you are charged with a DUI, it is important to obtain legal counsel to represent you in your case.  If your loved one has died as a result of an accident involving a DUI driver, you should meet with an accident attorney to discuss options to recover damages.  Our attorneys represent clients charged with DUI as well as victims who have been injured or lost loved ones as result of DUI drivers.  For more information call us at 912.401.8880, visit our Free Consultation page, or visit our DUI accident page and our Fatal Accident page.   


Georgia's Move-Over Law 

8/20/2015

 
Georgia Injury Attorneys, Ben Price and Patrick JarrettJarrett & Price, Georgia Injury Attorneys
A few days ago I was driving down Truman Parkway in Savannah, Georgia.  As I approached a police car on the shoulder I put my signal on and moved over into the left hand lane.  The vehicle in front of me did the same thing.  I checked my rear-view mirror and noticed about five cars behind me stayed in the right-hand lane and did not move over.  

A couple of days after that incident I was traveling on Truman Parkway again and noticed another vehicle broken down with another vehicle parked in front of it offering assistance.  I moved over to the left hand lane again.  This time, the car in front of me and the cars behind me all stayed in the right hand lane.  

These observations made me question whether Georgia drivers are aware of the move-over law and its purpose.  I think it is important that Georgia drivers understand the dangers people face on the shoulder of the road when drivers fail to move over or reduce their speed.  

Georgia’s Move-over law became effective on July 1, 2003.  The purpose of the move over law is to protect those emergency responders and maintenance personnel that are on the shoulder of roads in Georgia.  The law applies anytime a driver approaches an emergency vehicle parked on the shoulder of the road.  

What does the law require you to do if you approach an emergency vehicle parked on the side of the road?  

The law is found at OCGA § 40-6-16 and provides that a Georgia driver approaching a stationary authorized emergency vehicle that displays flashing yellow, amber, white, red, or blue lights shall approach with caution.  The driver shall either “make a lane change into a lane not adjacent to the authorized emergency vehicle if possible” or if changing lanes is “impossible, prohibited by law, or unsafe, the driver shall slow down to a reasonable speed for the existing road and traffic conditions.  The speed the driver slows down to must be less than the posted speed limit.  See OCGA § 40-6-16(b).  

Georgia drivers approaching a tow truck, recovery vehicle, or a highway maintenance vehicle that is stationary and is displaying flashing yellow, amber, or red lights must follow the same rules as set out above for stationary emergency vehicles.  See OCGA § 40-6-16(c).  

According to the National Law Enforcement Officers Memorial Fund, between 2005 and 2010, 134 officers have been killed as a result of being struck by vehicles.  The fact is that more law enforcement officers are killed in vehicle crashes than any other cause of death.  A fourth of those deaths related to vehicle crashes are by being struck by a passing vehicle.  

The statistics for law enforcement are similar when considering emergency personnel such as firefighters and EMS workers.  According to the US Fire Administration, 25% of firefighter fatalities are the result of vehicle collisions.  Tow-truck workers and highway maintenance crews are no different in the exposure to being struck by passing vehicles.  

All fifty states have enacted some form of move over law.  The reason these laws have passed is that that save lives.

If I consider the vehicles that failed to change lanes for the emergency vehicle in the first example I referenced in the opening of this article, we can conclude that each vehicle violated the Georgia Move-over law.  

Now, if we consider the cars that failed to move over for the car that was broke down on Truman Parkway without an emergency vehicle present.  Did those drivers violate the Move-over law?  The answer to that question is no.  The move over law applies to vehicles displaying flashing lights.  Since these cars did not display any emergency lights as described in the statute, the drivers did not violate the law.  However, they did put the people on the side of the road in danger by not moving over.  

Whether the law applies, Georgia drivers can prevent tragic outcomes by being purposeful and aware on the roadways and move over if possible, and if not possible then slow down, when passing cars and emergency vehicles on the shoulder of the roadways.  





Georgia Traffic Deaths Increase 26%

8/20/2015

 
Jarrett & Price, LLC, NSCNational Safety Council
Year 2015 is not even over yet, but it's already been a terrible year on Georgia's highways, according to statistics provided by the National Safety Council. In a disturbing trend that follows an increase in traffic deaths nationally, the first eight months of 2015 saw 657 deaths on Georgia's roadways. That's more than 135 more than the same period in 2014, and is more than a one-quarter increase in fatality rates, according to the NSC's statistics which are available here. 
The report cites an increase in travel due to low gas prices as a possible reason for the increase. Other's reporting on the increases nationally have blamed the spike in deaths on the continuing epidemic of distracted driving. A combination of factors is probably to blame. However, it is clear to everyone driving on American roads the past few years, that as smart phones become more prevalent in our country, their unfortunate presence in the hands of people behind the wheel of a car has increased as well. 
Residents of southeast Georgia won't be surprised by these statistics as there have been several high profile deaths along the I-16 corridor this year. Those accidents are still under investigation, but at least one of those fatal accidents is being blamed on an alleged distracted or fatigued 18-wheeler driver. Many of these fatalities have involved criminal prosecutions as well as civil litigation. While criminal prosecutions can result in years of incarceration for at-fault drivers, civil damage awards for wrongful death actions can also result in millions of dollars in money damages against the drivers and, in the case of commercial vehicles, their employers. 
Despite these deterrents, people continue to drink and drive, drive distracted or fatigued, or just do plane stupid things behind the wheel of a car or truck. These statistics show that no matter how safe the vehicles are made, and how much press these bad driving behaviors receive, some people on the roadway continue to make life very dangerous for the rest of us. 


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