Douglasville Personal Injury Lawyers & Workers Compensation Attorneys

It seems that Toyota is not the only car company that has been recently hit with Public Relations woes regarding recalls of their automobiles.  On Monday, August 09, 2010 Reuters News Service reported the following story regarding the recent massive Honda recall:

Honda Motor Co said on Monday it was recalling more than 428,000 vehicles in the United States and Canada because of a defect that could cause the cars to roll away if they are parked incorrectly.  The Honda recall covers Accord, Civic and Element models from the 2003 and 2004 model years in the United States. That recall includes 384,220 vehicles.  A parallel safety recall in Canada covers those models and some Acura 1.7ELs. There are about 44,000 vehicles under recall in Canada, most of them Accords and Civics.

Honda said that in some situations a part known as the ignition interlock lever could fail.

That device is intended to keep drivers from removing their key from the ignition when the vehicle has not been put in park. If the ignition switch fails, that could allow vehicles to roll away when parked incorrectly, causing accidents.  Honda said it would begin notifying consumers of the recall in September.

The safety recall started with an inquiry from U.S. safety regulators in September 2008.

In early 2009, the National Highway Traffic Safety Administration upgraded its inquiry of the potential defect for the 2002 model year Accord, Honda’s best-selling vehicle.

At that time, Honda had received reports of 10 crashes related to the defect. NHTSA said consumers had reported 11 crashes to the safety agency for the same problem.  One woman said she had almost been run over by her car when it was parked in her driveway, accord to NHTSA records.  In early July, Honda and NHTSA representatives met to discuss the situation and on July 29 Honda determined that it had a safety defect with the ignition switch that demanded a recall, according to the records.  Honda had two other recalls for related problems in 2003 and again in 2005, NHTSA records show.

Additionally, On August 6, 2010, Honda also announced that they will recall 585 Element vehicles from the 2010 model year in the U.S. to reset the automatic transmission shift cable. Honda has received a small number of customer complaints related to the gear selector mechanism, but states that no incidents or injuries have been reported.

Is your vehicle affected by the recent recalls?  To find out if your car is the subject of a recall by Honda you can visit Honda’s Owner Link site where you can find a link to recalled automobiles.  That website is: 

https://www.ahm-ownerlink.com

There are several levels of appeal available under Georgia’s workers’ compensation laws.  If you lose your case in front of an Administrative Law Judge, you have the right to appeal your case to the State Board of Workers’ Compensation within 20 days.  If you lose the appeal to the Georgia State Board of Workers’ Compensation, you can appeal your case to the Superior Court of the county where the injury happened.  Further appeals to the Georgia Court of Appeals and the Georgia Supreme Court are discretionary meaning you have no automatic right of appeal.  Rather, these courts must agree to accept your case for it to be heard.  Even then, the Court of Appeals can change its mind and withdraw its grant of discretionary appeal as they did in a case last year in which I co-authored an Amicus Curiae Appellate Brief.

If you have any questions about your appeal rights or have general questions about workers’ compensation cases in Georgia, feel free to contact our office for a free consultation.  We handle serious injury cases throughout Georgia.

Hiring a good lawyer makes a difference.

As I have discussed in previous articles, it’s easy this day and age to be a slick marketer when it comes to websites, blogs, and yellow pages ads.  I regularly do research on attorneys our law firm opposes as part of my assessment of a case.  Years ago, it was difficult to go online and find out a whole lot about an attorney or a particular law form.  Fast forward to 2010.  How things have changed.

Earlier today, we tried a workers’ compensation hearing before the State  Board of Workers’ Compensation.   Even a casual observer can tell the  difference between good and bad lawyering.  Fortunately, we had a  competent attorney against us from a well-respected Atlanta law firm.  However, this is not always the case.

Still, the best attorneys I know simply do not have the flashiest websites, the pretiest blogs, and the biggest ads in local phone books.  Why, you ask?  It’s simple.  They are reputation lawyers.  They don’t have to sell a bill of goods or, as I commonly say, they aren’t selling snake oil. Their reputations have come through years of blood, sweat, tears and, most importantly, results for their clients that speak for themselves.  The results and satisfaction among clients spread like wildfire through a community of people, lawyers, judges, business owners, and insurance companies.  It really is that simple.

We have also seen the proliferation of what I call education marketing among attorneys.  While we believe in educational marketing, it simply cannot be the focal point for building a practice.  Sure, clients want to be informed about the nuances of their cases.  However, what they really want is an excellent attorney who has a track history of success in and out of the courtroom. They know they have a problem, they want their problem taken care of, and I would venture to say that most could care less about the details of their problems.  That’s why they hire lawyers with solid reputations who take care of business in the courtroom if push comes to shove.

I’m not saying that providing pamphlets and good information is not important.  However, people looking for a lawyer should first and foremost consider reputation (as an attorney and in the community) and courtroom experience as the most important factors when hiring a lawyer for a personal injury, workers’ compensation, family law, or criminal law case.  Client service is also an important factor as well.  Fortunately, it is fairly easy for most people to spot a law firm that emphasizes client service.

The point is not to scare you, but to tell you that you should be careful.  We routinely tell clients in serious cases to interview several attorneys before making the important decision of choosing who to hire.  I firmly believe clients appreciate this bit of forthright advice.  Sure, we all want the big cases but people should have the freedom to make a choice if they so desire.

If you or a family member are in need of legal advice due to a serious auto accident, truck wreck, or job accident, our office is here to answer your questions and help.  Feel free to call us anytime at 770-577-2227.

Many attorneys read this blog throughout the state, so I write some articles to help them run their practices a little more smoothly. I am a huge believer in office technology as the great equalizer between small and large.  I recently ran across a good practice management software comparison that is published by the American Bar Association.  This is a good schematic that discusses the advantages of various practice management software systems. The document is found by clicking here.

Our office is paperless, and we rely on a myriad of software.  One piece of software that has particular application is Adobe Acrobat. Take note that I am referring to the full version of Adobe which proves helpful in compiling large numbers of documents.  For example, we are handling construction fall case in which our client sustained very serious injuries. When we filed a lawsuit last month, we relied heavily on our software.  With cases such as this with numerous defendants and hundreds of thousands of dollars in medical bills, it is vital to stay on the cutting edge by exploiting the advantages of technology such as Adobe.

It’s all about serving our clients and providing good representation. We are better organized using software to review our scanned documents.  We are all better through technology.

Douglas County Superior and State Court have raised their civil filing fees, along with other fees, effective immediately.  This is part of House Bill 1055 which took effect yesterday across Georgia.  While some counties are delaying raising their fees, Douglas County has immediately raised many fees in accordance with the new law.

As many attorneys read this blog, I highly recommend that you check with the county where you are filing suit on a case-by-case basis.  This can be especially important as your filing may not be accepted if the appropriate fee is not paid which can cause obvious problems.

The odds that you will die in a motor vehicle accident, whether on a motorcycle or in a car, is 1 in 84. The National Highway Safety Administration’s statistics show that motorcyclists are 26 times more likely to die each time they ride a motorcycle than people in automobiles.   This is very sobering.

This week, a Douglasville resident was killed in a tragic accident in which a drunk driver’s trailer came unhitched and struck the motorcyclist killing him. The alleged drunk driver was charged with vehicular homicide, DUI, failing to maintain lane and failure to secure a load.

The Motorcycle Safety Foundation (http://www.msf-usa.org/index_new.cfm) is a good website and provides comprehensive information about motorcycle safety.

Our law firm handles motorcycle accident cases throughout Atlanta and the State of Georgia. We have unique experience handling motorcycle accidents.  Please feel free to call our office should you have any questions about your rights if you or a loved one has been in auto or motorcycle accident.

A top news story, and sure to be one for some time, is the BP oil spill in the Gulf of Mexico.

The oil spill itself looms as possibly one of nations worst environmental disasters in history.  BP originally estimated the oil well to be leaking 1000 barrels (or 42,000 US gallons) a day into the waters of the Gulf Of Mexico.  However, current estimates by outside sources claim the estimated flow of oil into the Gulf to be 25,000 barrels (or 1,100,000US gallons) a day.  As of today, the flow remains uncorked.  As a point of reference, the Exxon Velez is estimated to have spilled only 10.8 million US gallons.  The Valdez spill was once blamed on an intoxicated shipping captain but was later found to be the result of a systemic breakdown of safeguards.

As the oil creeps closer to shore it may have a crippling effect on the local economies that rely on commercial fishing and tourism dollars.  The shores of the Gulf of Mexico have some of the most beautiful beaches in the world.  The sugar white sand and emerald waters of the Gulf are famous all over the world and draw tourism dollars to the Gulf Coast that support not only local business but also affect tax revenue of local and state governments.  Currently Gulf Coast states are beginning advertising campaigns telling beachgoers that the beaches are currently still clean and encouraging visitors not to cancel vacation plans to the area.

Now residents and business alike along the Gulf Coast are bracing for the coming storm.  This storm seems certain to arrive, but it will not crash hard into the beaches like a hurricane.  Instead it will ooze quietly into the fragile estuaries and economies of the Gulf Coast and wreak havoc for some time to come.  Officials expect the oil to begin making landfall within the next few days.

Capping the oil spill is the foremost on the agenda for those dealing and being affected by the oil spill.  Afterward, the damages need to be addressed.  There is only one problem.  Before BP ever considered the need to cap the Deepwater Horizon well, the US government saw fit to cap damages on a disaster such as this.  After the Exxon Valdez oil spill in 1989, the US government (through the Oil Pollution Act of 1990) capped damages on these types of oil spills at $75 million for economic liability damages.  Initial cost estimates of damages to the fishing industry alone are currently $2.5 billion, while the impact on tourism along Florida’s Paradise coast could be $3 billion.

As of today, over 50 lawsuits have been filed, and more are sure to follow.  Under the Oil Pollution Act, BP will be liable for the clean up costs of the oil spill.  After the spill is completely cleaned up (if that is even possible), BP will have to look toward compensating those along the gulf coast for the economic damages.  These economic damages currently forecasted far exceed the $75 million cap that is in place.

BP had a net income last year of $16.58 billion and had assets valued at over $236 billion in 2009.  BP earned more than $6 billion dollars in the first three months of 2010.

So ask yourself this:  Does the $75 million cap on damages that was put in place 20 years ago make sense when current economic damages are estimated at over $5.5 billion?

Turn lanes can be dangerous places.  Our Douglasville lawyers have handled numerous auto accident cases that happened from drivers using turn lanes. There is a large turn lane on Hospital Drive in front of our office and, every day, we see traffic go in and out of the courthouse using a turn lane.  Some people yield and others do not.  Some people honk.  Some waive each other out.  The situation is even more complicated as some drivers are turning left, some are turning right, and some are going straight across the street.

There are some common tips and laws about turn lanes:

(1)  Yield to drivers already on the road, even in the turn lane

The law requires that drivers who entering a roadway to  yield to those drivers already on the road already or in a turn lane.  “The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.”  O.C.G.A. 40-6-73.

(2) Do not drive for too far in a turn lane

You cannot drive more than 300 feet in a turn lane according to the law which says:

O.C.G.A. § 40-6-126.  Central lane for turning
Whenever a highway or roadway has a central lane in which traffic may enter from either direction for the purposes of making a left turn, no vehicle shall be driven into such central lane except for the purpose of making a left turn, and no vehicle shall enter into such central lane at a location which is more than 300 feet from the location where the vehicle will turn left across one or more lanes of oncoming traffic. No vehicle which has been driven into such a central lane shall be operated in such central lane for more than 300 feet.

(3) Be especially mindful of motorcyclists in turn lanes as even low speed accidents can seriously injure or kill motorcyclists

This concept of watching out for cars or motorcycles in a turning lane is best illustrated by the case in our office involving an injured motorcyclist who was legally in the turn lane and struck by car getting into the turn lane from the other direction.  While many turn lane accidents are low-speed between two cars, even low-speed wrecks between vehicles and motorcycles can be deadly.  Please pay a little extra attention to drivers in the turn lanes.

Our law firm handles serious injury cases throughout Atlanta and the West Georgia.  Please call us with any questions or concerns you have about your legal rights whether you have been hurt in a turn lane or elsewhere on the roadways.

Jack Clay was recently nominated and voted Vice President of GTLA for the 13th Congressional District. This is a significant achievement for Mr. Clay as GTLA is dedicated to preserving the civil justice system in Georgia and is comprised of thousands of Georgia attorneys who generally handle personal injury, workers’ compensation, and consumer law cases. Mr. Clay was named Vice President at the GTLA Annual Convention which was held at the Ritz Carlton in Buckhead that took place April 22, 2010 through April 23, 2010. As you can see from the attached photos, the meeting was attended by hundreds of attorneys from Atlanta and throughout Georgia. The convention culminated with a gala dinner that was attended by several hundred people, including state-wide elected officials and more than 20 judges from Georgia’s Superior Courts, Court of Appeals, and Supreme Court. Chris Clark, the outgoing President of GTLA, should be commended for outstanding leadership during the past year.

Recently, I have been asked to make contributions to the web site and blog for our office.  After nearly three months with Jack Clay,  I can now look back on what I brought into this opportunity and what I have learned in this short period.  The number one thing that I have learned is that above all things, relationships matter.

Our office specializes in cases where people have been seriously injured.  Sure, there are people who call every day who have stumbled upon our office from our various advertisements, whether they are in print or on the web.  But for the most part, the cases that matter the most to our office, and the cases that enable us to do the most good for our clients, are those that are referred to our office through the relationships that have been forged longed before I arrived.  It is through theses relationships that word of mouth truly spreads about the quality of your legal work, your ethics, your abilities, your worth to the legal community and most of all, your value to the client.  It is through these relationships that not only enables our office to thrive, but it is through these relationships that we are best able to serve the people of our community and our state.  It is through these relationships that people truly in need of our services are able to find their way to us for help.    I am truly blessed to have walked into an office that believes wholeheartedly that relationships are the key to what we do.

By Jason Bice, Attorney at Law, Law Office of Jack Clay, LLC

This week the Associated Press has reported that the Georgia “Senate has approved a bill that would ban txting and talking on a cell phone while driving for teens.  Under the bill approved 47-0, the driver’s license of any teen who causes an accident while using a cell phone to talk or text would be suspended for 90 days or until the offender turns 18 for a first offense.  The offender would also be fined $150, which would be doubled if a traffic accident occurs.  The House on Tuesday adopted a separate measure aimed at banning text messaging while driving by a 131-19 vote. The chambers will have to hash out their differences.  Colorado, Louisiana, New York, Virginia and Washington are among the states that ban text messages for all drivers. Nine states ban text messaging for teen drivers.”  As a firm that represents numerous personal injury plaintiff’s, we applaud the Assembly’s work on this bill.

This week the US government announced that the automobile manufacturer Toyota would be fined  $16.4 million dollars for failing to notify federal authorities about a dangerous pedal defect in many of their automobiles which cause the car to accelerate uncontrollably.  The penalty is related to a recall of 2.3 million Toyota vehicles in the U.S. of which Toyota was aware, but took four months to recall the automobiles.

The following vehicles have been recalled:

• Certain 2009-2010 RAV4*,
• Certain 2009-2010 Corolla*,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• Certain 2007-2010 Camry*,
• Certain 2010 Highlander*,
• 2007-2010 Tundra,
• 2008-2010 Sequoia
*Highlander hybrids and Camry hybrids are not involved in this action and will remain for sale.  Further, Camry, RAV 4, Corolla and Highlander vehicles with VINs that begin with “J” are not involved.

While 16.4 million dollars sounds like an awfully large amount to most people, it is in fact a trifling amount to Toyota.  Toyota currently has cash assets of $23.6 billion and is expected to post a net profit this quarter alone of $885 million.  The 16.4 million dollar penalty is the equivalent of a little more than $2 for every effected vehicle the company sold around the globe in 2009 or equivalent to a little over $7 for every effected vehicle sold in the U.S.  The fine does not free Toyota from potential civil and criminal penalties. Toyota still faces dozens of personal injury and wrongful death lawsuits and is currently under investigation by federal prosecutors and the Securities and Exchange Commission.

When lives are at risk, the comically slow movement of a manufacturer to alert the public of the potential danger it is offensive.  It is an outrage when that potential danger becomes a reality that is hurling toward you at 70 m.p.h. AND accelerating. So the question that remains is this: Is the penalty that Toyota faced for not reporting the potentially fatal flaw enough?   Because if Toyota felt that it could afford to wait to alert the U.S. government and the U.S. public, why wasn’t the fine high enough that Toyota could NOT afford to wait?

The National Highway Transportation Safety Administration released motor vehicle crash statistics today that show a significant drop in deaths resulting from auto accidents. The report can be found by clicking HERE. The NHTSA estimated that 33,963 people died in car and truck wrecks in 2009 which is down 8.9% from 2008 when 37,261 people died on the roadways. Even more promising is the drop in fatalities between 2005 and 2009 of 22%.

The release of these statistics was significant enough to make the national news on the major networks. Vehicles keep getting safer and safer as years pass. We are encouraged by these statistics. Some people are surprised when we tell them that the overwhelming majority of our serious injury cases involve auto accidents. The reason is simply that injuries from accidents are very common compared to other causes of injury and death. Unfortunately, by the time people come to us, an accident has already happened. We encourage everybody to buckle up and drive safely.

This past week, my law office settled a case at trial in which our client had very significant medical bills. Medical bills and what to do with them present an interesting topic of discussion.

When somebody is injured in a car, truck or motorcycle accident, they often incur medical bills from various medical providers. I am often asked by clients, as I was today during a consultation, will I be repaid for my co-payments from my health insurance that I had to spend which my health insurance company did not cover? What if I don’t have medical insurance to cover these bills? The answer to this is simply that cases are evaluated in Georgia based on the gross or total amount of your medical bills without regard to what might be outstanding after insurance purposes. Thus, it is important for clients to keep all their medical bills and provide them to the insurance company or their attorney when attempting to settle the case or go to trial.

I am also often asked whether or not a client’s medical bills will be paid completely at the conclusion of the case. While I would rather under promise and over deliver, I try to give my clients fairly good idea about likelihood that medical bills will be covered when they come to me and try to answer their questions to the best of my ability. However, it is important that people understand there is no guarantees that can be made by an attorney as to any potential recovery in a personal injury case. Ultimately, a judge or jury can accept or reject the medical bills that somebody believes are related to a car accident or other personal injury.

Medical providers include medical doctors, physical therapists, hospitals, clinics, specialists, chiropractors, and other forms of therapeutic providers. In Georgia, the law says that the gross amount of medical bills are to be submitted in court to a jury or judge at the trial of a case. What this means is that insurance is not relevant under a legal theory called the Collateral Source Rule. When medical bills are presented at the trial of a case, they should be properly redacted to eliminate any reference to insurance so the judge or jury does not see such references.

If you, a friend, or a family member have been injured and have questions about your medical bills or lost wages, please contact Attorney Jack Clay for a free consultation any time. Our office is conveniently located across the street from the Douglas County Courthouse and weekend and evening appointments are available.

Please remember to watch your speed in Douglas County. For the next three months, dedicated law enforcement officers will be ticketing and arresting high-risk drivers throughout Douglas County. These officers, working as part of the Georgia Governor’s Office of Highway Safety Rolling Thunder Taskforce, form a specialized traffic enforcement unit designed to help communities combat their abnormally high occurrences of traffic crashes, injuries and fatalities on local highways.

We can show you countless photographs of horrific car and truck wrecks, severe injuries, and devastation from our case files. Or, perhaps, we can send you a friendly reminder such as this to be careful, watch your speed, and do not drive recklessly. Thank you from the Law Office of Jack Clay.

http://www.gahighwaysafety.org/main.html

On February 23, 2010, Jack Clay introduced former Congressman Bob Barr at the West Metro Trial Lawyers Association luncheon in Douglasville, Georgia. Mr. Barr spoke about political issues in Georgia and in Washington, D.C. The meeting was well attended by local attorneys and judges. Some of the photographs pictured below were taken at the luncheon.

Bob Barr was the 2008 Libertarian Party candidate for President of the United States. He served in the United States Congress representing the Seventh District of Georgia for many years. He was also appointed United States Attorney to the Northern District of Georgia in the 1980s by then President Ronald Reagan. After having lunch with Mr. Clay and others, Bob Barr spoke about his concerns about the current economic and political climate. We thank Congressman Bob Barr for taking time out of his very busy schedule to come to speak to the legal community of Douglas County.

We Are Pleased To Announce That Attorney K. Jason Bice Has Joined Our Law Firm

Snow is in the forecast for today. Many school kids become ecstatic with the thoughts of a snow day with no school. Many parents also feel elation of a no work day because of the weather. Many people in the area enjoy a change of the dreary scenery this time of year. But for most of us, it just means a more hazardous commute.

I went to lunch and noticed the flurries beginning to fall today. It made me think to take extra caution as the roads may soon become icy and slick. I called my wife to remind her to be careful and remind her to buckle up.

Then a thought hit me, “Why are we so much more thoughtful of the possibility of accidents on longer trips?” Most of us remember to buckle up when we get onto the interstate or are taking a long trip, but may sometimes forget on those short trips to the store. It seems like we prepare more for the possibility of an accident if we are traveling a long distance. However, the facts show that most accidents do not occur on long distance trips, but instead happen on our everyday commutes and short trips around our homes.

Progressive Insurance polled 11,000 of its policyholders who experienced accidents in 2001. They found that 52% were involved in accidents within five miles from there home and 69% were involved in accidents within ten miles from their home. Only 17% of those polled experienced accidents beyond twenty miles from his or her home (Strillacci, 2002).

Because we are much more likely to be involved in an accident close to our home than we are on extended trips, we need to take the same precautions each time we get into our vehicles. Many law firms handle cases for personally injuries that arise from car accidents.
Truth be told, if there were fewer of those cases because people realized the need for safety is as high on a quick trip to the store as it is on a trip across the state, we couldn’t be happier.

Buckle up. Pay attention. Be safe, and drive careful.

By K. Jason Bice, Attorney at Law, Law Office of Jack Clay, LLC

On Friday, January 29, 2010, Douglasville attorney Jack Clay spoke and introduced Justice David Nahmias to a crowd of fellow lawyers and local judges. Jack Clay was named as the first Chairman of the West Metro Trial Lawyers Association (WMTLA) in June of 2009. Thus far, this group of local lawyers dedicated to preserving the civil justice system for Georgians has hosted an evening party attended by local judges and elected officials. The WMTLA also hosted lunch featuring David Poythress, candidate for Georgia Governor, as a guest speaker. In the fall of 2009, the group hosted a bicycle helmet give-away booth at the Paulding County Public Service Appreciation Day.

We are grateful that Justice Nahmias came to speak to our group about his perspective as a recent appointee to the Georgia Supreme Court. Justice Nahmias graduated from Harvard Law School at the top of his class and served as an editor of the Harvard Law Review with President Barack Obama. After law school, he served as judicial clerk for Justice Scalia of the United Supreme Court. He has held many roles in the federal justice system working in the fight against terrorism. Prior to being appointed Justice of the Georgia Supreme Court by Governor Sonny Perdue, he served as the United States Attorney for the Northern District of Georgia.

Justice Nahmias is a cordial, engaging, and a articulate speaker. He is also running for election this year. We are grateful that he chose to come and speak to our group.

- Jack Clay is a Douglasville lawyer specializing in personal injury, wrongful death, and workers’ compensation cases. Located conveniently located across the street from the Douglas County Courthouse, our law office handles cases for seriously injured clients throughout Georgia. We welcome referrals from fellow attorneys, clients, and the medical community.

Yesterday on Holcomb Bridge Road in Atlanta, Georgia, a man was killed in a head-on collision after his car crossed the center line and struck another vehicle. A mother and four small children in the other vehicle were also injured and a third car was struck by debris from the initial wreck. While the owner of the vehicle struck by debris in the road was not hurt in the accident, it does bring up an interesting statistic.

A study conducted by the AAA Foundation for Traffic Safety revealed in 2004 that 25,000 accidents and nearly 100 deaths each year are caused by vehicle-related road debris. In the case above, the debris was likely pieces of the cars that wrecked. Sometimes, however, debris can be caused by objects falling off of vehicles and striking others on the road, as was the case for a 24-year-old woman in New York in 2004. She was driving late one night and a piece of furniture fell from the truck in front of her, crashed onto her windshield, and “shot like a missile” into her car. She was badly injured and required facial reconstruction and brain surgery, followed by occupational therapy and physical therapy. Sadly, she is now permanently blind and has lost her sense of taste and smell.

The dangers of improperly secured loads in a car or truck can be severe. However, there are ways to prevent such an accident just by being careful. Operators of those vehicles must learn how to properly secure their loads and to drive slowly. Other drivers should choose to “hang back” and help to avoid an unnecessary accident.

If you or someone you know has been hurt in a wreck that was caused by someone else, contact my Douglasville law firm for a free consultation. We specialize in personal injury cases and workers’ compensation.

Every so often I will catch an article that discusses product liability disputes and product recall lists. While my Douglasville law firm primarily handles workers’ compensation and personal injury cases, I find that this information can be helpful, as sometimes it may offer explanation for the causes of car accidents, truck wrecks, serious injuries or even wrongful deaths. There is an article from 11 Alive News that discusses three product recalls and, though these items do not directly relate to my practice area, I find it necessary to relay as a message to parents purchasing Christmas gifts for children.

The Consumer Product Safety Commission has issued three recalls recently for items that have been deemed dangerous for children. A Maclaren stroller is recalled because children’s fingers were being amputated due to a faulty hinge. Young Artist Easels were determined to have a high level of toxic lead paint on the coating of the chalkboard side of the easel. Finally, rotting wood on The Adventure Playsets Wooden Play Set is a potential cause for unexpected falls.

There are numerous websites available that list and update product recalls for concerned consumers. It may be necessary to remain aware of these lists as the holidays approach. Knowing what may be unsafe can prevent injuries and unnecessary medical expenses that may result. If you or someone you know have been hurt by no fault of your own, please contact my Douglas County law firm. We are conveniently located across the street from the Douglas County Courthouse and offer free consultations.

If you are a Douglas County resident, perhaps you noticed an increase in law enforcement presence this week. It seems as though during a holiday week or weekend, local police are making sure to keep a close eye on drivers. Rest assured it is for everyone’s safety. I wanted to take a moment to remind everyone of an important law in Georgia that also works towards keeping drivers safe.

Some of you may recall from years past Georgia’s Move Over Law. It has been enforced by local law enforcement, such as the Douglas County Sheriff’s Office, the Douglasville Police Department, and the Georgia State Patrol, since 2003. By 2008, most states in the nation had developed laws just like it. Basically, the law requires that drivers “move over” one lane if possible when approaching stopped emergency vehicles on the highway. For example, if an officer has pulled someone over, traffic in the closest lane must merge safely into the next available lane to avoid possible collision. This helps to ensure the safety of not only the occupants of the stopped emergency vehicle, but the driver and any passengers in passing vehicles. However, the law also understands that this lane change may not always be possible. In that scenario, traffic must slow down and be prepared to stop instead.

Some of you may wonder what types of emergency vehicles are involved in this law. The law includes emergency vehicles operated by police, paramedics, firefighters, tow trucks, and even highway maintenance workers. Further, if found in violation of the law, drivers can be fined as high as $500.

As I have blogged in the past, traffic accidents account for a large percentage of injuries and even deaths in Georgia. If you or someone you know have been hurt in an auto accident, truck wreck, highway collision or other untimely accident, contact my law office for a free consultation.

Recently, the National Highway Traffic Safety Administration issued a rule for large truck drivers. The rule establishes new standards for braking distances and improves the stopping distance for truck drivers by 30 percent. This is good news for frequent highway drivers who may feel hesitant near 18-wheeler truck drivers.

Last Friday night, despite the rainy and chilly weather, my office set-up our booth at the annual downtown Douglasville, Georgia chili cook off. We had decided our “theme” would be fall-related, and we included a few scarecrows, leaf arrangements, and even Christmas lights to make our booth stand out. We were pleased with the turnout and enjoyed being part of the Douglas County tradition. Below, find photos from the event. We were graciously provided with a hand-carved pumpkin to display our firm name and we named our chili “Break a Leg Chili” to remind the community of the types of cases we handle.

Death is a subject that most people do not want to discuss. Sometimes they don’t have a choice. Every so often, I am reminded of the gravity involved when a family member dies in an on-the-job accident. I was reminded again recently as I sat in my office discussing the death of a loved one with a new client. Taking as much time as necessary to sit with potential clients during the first meeting in a serious injury or death case to get to know the person and their family is not only comforting but necessary.

Georgia’s workers’ compensation laws are fairly straight-forward except when it comes to income benefits. First, the workers’ compensation insurer must pay for the final burial expenses, up to $7,500.00. Second, the insurance company must pay for the worker’s final medical expenses. Third, certain primary and secondary beneficiaries can collect income benefits for varying periods of time. Without boring you with the legal details, the law speaks in terms of beneficiaries, not familial relationships. Many cases have been decided involving an award of income benefits to step-children, adopted children, parents, disabled adult children, and college students. It is best to speak with an attorney about these concerns. Likewise, the length of time one can collect benefits varies.

There is a cap on benefits in some cases. A surviving spouse with no dependents at the time of death can only collect up to $150,000.00. If there are no surviving beneficiaries or a spouse, the insurer must pay $10,000 to the State Board of Workers’ Compensation to be placed into a general fund of the State of Georgia. The “trick” to these cases, often, is who is a beneficiary and who is not a beneficiary. This determination can only be made after careful review of facts of the case.

One of the most frequent questions I am asked is what else can we do outside workers’ compensation. As I have written previously, personal injury lawsuits against an injured or dead worker’s employer or statutory employer are, at best, very difficult. Most of the time, they are impossible. So, the search goes on in cases for viable third parties to sue which can be difficult to find in many cases. In other cases, there viable third parties that can be sued. The point again is to contact an attorney as every case is different.

Our office is here to answer any questions you might have about death benefits or other workers’ compensation questions in a compassionate and respectful manner. Call us for a free consultation.

As a workers’ compensation attorney in Georgia, I have handled numerous on-the-job injury cases in which a construction worker has been involved in some sort of disabling accident while out in the field, whether it be on a job site or as a road worker. I try to stay updated on changes in the law and revisions to previous standards in work comp so that I can apply this knowledge to cases and better serve the Atlanta area.

Recently, the Occupational Safety and Health Administration (OSHA) that is responsible for developing the safe working conditions for workers by enforcing standards, procedures, training, and education to employers, issued a new letter stating that all highway and road construction workers must wear high-visibility apparel, such as reflective vests, while on the job. In 2004, OSHA initially issued a letter of interpretation that conveyed workers were only required to wear such garments when the Federal Highway Administration’s Manual on Uniform Traffic Control Devices mandated their use. The current letter revises the requirement following a sobering statistic calculated in recent years: there were 425 construction zone fatalities between 2003 and 2007.

My Douglasville injury law firm offers free consultations. If you or a loved one have been hurt at work or in a serious accident, please contact us. We are located across the street from the Douglas County Courthouse and serve all of the West Georgia area, including Douglasville, Carrollton, Hiram, Dallas, Winston, Paulding County, Carroll County, Bremen, Temple, and Villa Rica.

The Law Office of Jack Clay now has a FaceBook page which can be seen by clicking below:

It is that time of year again when everyone is preparing for Halloween festivities. This year, however, may prove to be a bit more challenging due to the recent flooding and the roads that remain closed or otherwise damaged in Douglasville, Hiram, Carrollton, and other surrounding cities. This combined with the increase in roadway construction in recent months should alert anyone preparing for late nights to the dangers that may occur.

An updated list of the roads that have remained closed in Douglas County, Georgia can be found on the Celebrate Douglas County website. Residents should be working to prepare alternate routes if you know that your usual way is blocked or unsafe to use. Statistically, the possibilities of speeding, reckless driving, improper driving procedures, and other dangers increase when the roads have been affected. Those who plan to travel this upcoming weekend or who plan to walk main roads to and from neighborhoods, for example, should be cautious and courteous of each other to avoid accidents or injuries.

If you or someone you know have been hurt in an automobile accident, hit-and-run accident, truck wreck, or have been otherwise injured, contact my personal injury and workers’ compensation law firm for a free consultation.

I have mentioned this week about the upcoming chili cook off in downtown Douglasville, Georgia as well as blogged about safety precautions for the upcoming Halloween weekend. I wanted to take a moment to show some pictures of our law office lobby decorated in celebration. We plan to use these same decorations for our cook off booth.

This year, my office has decided to participate in the annual chili cook-off held in O’Neal Plaza in downtown Douglasville. The event is hosted by the Cultural Arts Council.

The date for the cook-off has been moved due to unexpected weather changes. The cook-off will now be from 6:00 pm to 9:00 pm on Friday, October 30, 2009. We hope to see many Douglas County residents that evening!

We will have marketing materials available at our booth. As you know, my office handles personal injury and workers’ compensation cases in the West Georgia area. If you or someone you know has been injured in a wreck or hurt on the job, call my office, located directly across the street from the Douglas County Courthouse, for a free consultation.

Last week, I attended a workers’ compensation seminar in St. Simon’s Island, Georgia. The seminar, sponsored by ICLE and Workers’ Compensation Law State Bar of Georgia, was attended by many work comp attorneys and hosted several activities over the three day event. Guest speakers included several judges from the State Board of Workers’ Compensation in Atlanta, Georgia including Chief Judge William S. Cain, Jr., Honorable Carolyn C. Hall, and Honorable David K. Imahara, among others. Some of the topics discussed were case law updates, the basics of taking depositions, recent decisions of the appellate division, and discussions regarding catastrophic designations in workers’ comp cases.

I have blogged before about the most dangerous jobs and what to do if you are hurt on the job. Workplace accidents happen every day and sometimes in the most unexpected of ways. In fact, researchers have developed a Workplace Safety Index that lists the most common ways an on the job injury can occur. These most disabling injuries are based upon workers’ compensation claims that have been filed, the costs associated with them, and the frequency of certain types of injuries as reported to the United States Department of Labor. Several insurance providers contributed to the data.

In 2008, the top ten most common workplace injuries were a result of the following circumstances:

1. Overexertion – Sometimes an employee may not realize the amount of work they are putting into a task and could inadvertently injure themselves in the process. Examples of overexertion include pushing, pulling, carrying or holding heavy objects, and even tossing an object that may result in an accident.

2. Fall on Same Level – While it may be unclear, this type of injury happens when an employee slips or trips if there is some sort of obstacle in the employee’s way, for example.

3. Fall to Lower Level – This particular cause is more self-explanatory. An injury in this circumstance may occur if an employee has fallen from a higher area, for example, a ladder or even a roof.

4. Bodily Reaction – This type of injury happens when a worker has tripped, slipped, or fallen when there is not an object or obstacle in their path.

5. Struck by an Object – These types of injuries can be very serious. I have handled many cases in the past where someone has been hit by a falling object without any warning.

6. Struck Against Object – While also potentially unclear, this type of accident happens if an employee has accidentally run into an object in their way, perhaps a table, piece of equipment, or other item found at the workplace.

7. Highway Incident – My law office handles numerous cases where an employee has been injured on the roadways while operating a company vehicle. This presents the possibility in having both a workers’ compensation claim and a personal injury case.

8. Caught In/Compressed By – Some of the most disabling accidents result from the improper use of workplace equipment due to a lack of thorough training. Also, if an employee is exposed to harsh chemicals or unsafe conditions at work, a very serious accident can occur, resulting in life-changing injuries.

9. Repetitive Motion – Many jobs require an employee to consistently repeat the same actions. For example, typing at a desk or repetitive heavy lifting. While it may not be immediately apparent, these types of daily actions can have long-term effects.

10. Assaults and Violent Acts – While more infrequent, this type of workplace injury is also possible.

While there are numerous ways that both employers and employees can prevent an on the job injury, these types of accidents are still very common. It is important to remain educated while at work so that if you are hurt on the job, you are prepared to handle the situation to the best of your ability; however, if you or someone you know have been hurt while at work, contact my Douglas County, Georgia law office for a free consultation.

As some of you may recall, I was recently named Chairman of the West Metro Trial Lawyers Association, the local Georgia Trial Lawyers Association group covering Douglas & Paulding Counties. On Saturday, October 10 we hosted a booth at the first annual Public Safety Appreciation Day in Paulding County, Georgia. The event included booths set-up by local community organizations and allowed West Georgia residents to meet local leaders in Public Safety. The GTLA raffled off 25 bicycle helmets to children. The event was a great success and we hope to be a part of it in the coming years. Below, you will find pictures that I took throughout the day.

As technology continues to advance and make information available at our fingertips, fewer and fewer drivers see the harm in using cell phones while driving. The reality is that this action can have dangerous consequences. Recently, a British public service announcement (PSA) was released on the internet. The video shows an incredibly realistic car accident that resulted when a teenage girl tried to carry on a text message conversation while behind the wheel. As shown in the video, the teenager was preoccupied on her phone and crossed the center line, causing a multiple car collision.

An interesting story appeared in the Daily Report today outlining the fallout of the bailout of Chrysler and GM. There is a debate as to whether or not victims injured due to manufacturing and design product liability defects can maintain their existing lawsuits or bring new lawsuits against Chrysler and GM to the bankruptcy. The answer, at least at this early stage, may be that these victims are left without any way to recover.

Last week I visited the Coweta County Justice Center while working on a car accident case. The Justice Center was built in early 2006 and houses Coweta County Superior Court, Coweta County State Court, and the offices of the clerks for these courts. The Center also contains offices for the Solicitor-General and District Attorney of Coweta County. Below, I have included pictures I took while at the Justice Center. Apparently the Center was designed to resemble the county’s courthouse, where other offices are still located, and to fit in with the area’s style.

Last Friday, a Douglasville man was killed in a car accident on I-20 near Lee Road when he lost control of his vehicle and crashed into a median, according to the Georgia State Patrol. This is only one of the many traffic-related incidents that occurred over the holiday weekend in the Douglas County and Carroll County areas.

Members of the Georgia Trial Lawyers Association recently met at Sam and Roscos in Douglasville, Georgia for a kick-off event for the new West Metro TLA. I am happy to say that I have agreed to be the first Chairman of this group which covers the Douglas County and Paulding County areas. The event was sponsored by Ringler Associates and The Injury Specialists. Speakers included the President of GTLA Chris Clark, Micah Gravley who is the Legislative & Grassroots Outreach Coordinator, and myself. We are pictured below.

Also present were State Representatives Tim Bearden, Bill Hembree and Roger Bruce. From the judiciary, we were pleased to have several elected officials join us, including Douglas County Superior Court Judge William H. “Beau” McClain, Douglas County State Court Judge William O’Neal Dettmering, Jr., Douglas County District Attorney David McDade, and Douglas County Solicitor-General Brian Fortner.

I want to thank my friends and coleagues for making this a successful event. We hope to have more events in the future.

The West Metro Trial Lawyers Association, a new group within the Georgia Trial Lawyers Association, will have its kick-off reception and party this Thursday from 5:00 p.m. to 10:00. The group will encompass the legal communities of Douglas County and Paulding County.

If you are a fellow attorney or a judge interested in coming to the event, please contact our office. We will provide more details and put you down on our RSVP list.

I have noticed an increase in law enforcement officers patrolling Interstate 20 after reading that Motor Carrier Compliance Officers were beefing-up efforts to make people aware of 18 wheelers. They are calling it G-TACT which stands for Georgia Targeting Aggressive Cars and Trucks. The enforcement areas include I-20 east and westbound between Georgia Highway 113 in Carroll County and Thornton Road in Douglas County.

Across the street from our office yesterday at the Douglas County Courthouse, Governor Sonny Perdue signed two new laws. The first law allows crime victims to testify by video or audio in the sentencing phase of a defendant’s trial. This is meant to spare them emotional pain and agony of having to take the witness stand. The second law affords victims’ families access to mental health services.

We attended the event and reception afterward. It was a great event for Douglas County and David McDade, the Douglas County District Attorney.

Each year we review hundreds of accident reports. I recently found a good guide to help people figure-out the cryptic codes and other information contained in Georgia accident reports.

A friend showed me this video on YouTube. This is a real safety video that workers in industrial & manufacturer settings apparently see. While it dramatizes workplace injuries, it is meant to avoid real injuries. I have handles cases involving real injuries that are depicted in this video. I can tell you first-hand that there is nothing funny or “cheesy” about these injuries when they happen in real life.