Patrick Flynn, Attorney at LawWe Deliver Quality Results To Medical Malpractice and Personal Injury Victims In Georgia.2024-03-15T18:46:33Zhttps://www.patrickflynnlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303437/2022/03/cropped-site-identity-32x32.jpgOn Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=527672024-03-15T18:46:33Z2024-03-13T18:38:33Zone in six drivers say they use their cellphone while driving. The poll also highlights that 66% of active drivers admit to using their device while behind the wheel. Eighty-six percent of the drivers say they are more distracted now while driving than in 2019. Twenty-six percent of drivers say they have been in or come close to an accident due to texting while driving. Drivers also using apps on their devices, with Facebook being the most popular (30%), followed by TikTok (18%) and Instagram (14%). Despite this data, the survey also shows that 80% of U.S. drivers rated their driving skills at an 8 or above out of 10.
Defensive Driving Strategies
Adopting defensive driving strategies is an effective way to minimize the risk of getting injured by a distracted driver. Here are some essential safety tips to consider:
Stay focused: Concentrate solely on driving. Keep your eyes on the road, hands on the wheel, and mind focused on the task at hand.
Maintain a safe distance: When following another vehicle, the three-second rule allows ample time to react if the driver becomes distracted or erratic and sudden stops are necessary.
Anticipate potential hazards: Scan the road ahead for possible hazards, such as distracted drivers, pedestrians, or sudden lane changes. Be prepared to react accordingly and adjust your speed or position to avoid any potential collisions.
Use defensive signals: Utilize defensive signals to communicate your intentions clearly to other drivers.
Be vigilant at intersections: Many accidents are due to distracted drivers, so it is best to look both ways, even if you have the right of way.
Report reckless behavior: If you witness a driver exhibiting signs of distraction, report the incident to the local authorities.
A bad idea with dire implications
Mitigating the risks associated with distracted driving requires awareness, vigilance, and defensive driving strategies to make a difference. Still, injuries and property damage can occur.
Victims are burdened not only with the physical pain of injuries but also with the financial strain of medical expenses. Property damage is another considerable outcome; the costs of repairing or replacing vehicles can impose heavy economic strain. Victims have the right to file insurance claims to seek compensation for such damages.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=524592023-11-10T19:18:22Z2023-11-10T19:18:22ZGeorgia has room for improvement
Overall, Georgia has fared about average when compared with other states regarding its efforts to make the roads safer. A review of Georgia's laws and reported crashes earned it five points on a ten-point scale. It fell in the "yellow" category established by the Advocates for Highway & Auto Safety, along with 35 other states.
The state received no points for child passenger safety and teen driving programs. It also had low, one-point scores related to the prevention of speeding, impaired driving and distracted driving. Georgia sees a large number of fatal collisions. There were 14,530 traffic deaths in Georgia over the last decade, and 1,806 of those deaths occurred in 2021.
The increase in fatal collisions has an association with increased dangerous driving habits. The last few years have seen an increase in crashes related to intoxication, distraction and speeding. Pedestrians and cyclists are among those most affected by these changes in driving habits. Lawmakers have a long way to go to address the conduct on Georgia roads that increases the risk of a fatal wreck.
Motorists, cyclists, motorcycle riders and pedestrians all need to commit themselves to safe conduct and watch their surroundings carefully. It only takes a few seconds of close proximity with an unsafe driver for a daily trip to the store to turn into a life-altering experience.
Those who are aware of the statutory shortcomings in Georgia may be more easily inspired to adjust their personal habits for improved overall safety. Recognizing that Georgia is safer than some states but still a relatively dangerous place to drive can ultimately help people take the right steps for their own protection on the road.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=524552023-09-29T19:22:43Z2023-09-29T19:22:43ZWhat does traffic data say about excess speed?
Traveling at high speeds greatly increases the risk of a crash and the severity of collisions. Drivers are more likely to lose control of the vehicle or to have trouble stopping or maneuvering safely at higher speeds. They may not have time to react when someone steps into traffic or slams on their brakes. Collisions are more likely to cause catastrophic vehicle damage or pedestrian deaths when at least one of the vehicles maintains a very high speed. According to crash statistics provided by the National Safety Council, 29% of the traffic deaths in 2021 were the direct result of excess speed. There were 12,330 people who died in 11,057 crashes.
Speeding may open the door to personal injury lawsuits
After a crash caused by excess speed, the officer responding to the scene of the collision may choose to issue a citation to the driver who went too fast and caused the crash. Official records of them violating traffic statutes may pave the way for a personal injury lawsuit.
Both negligence and misconduct can lead to legal and financial liability if someone causes a wreck. If crash victims incur losses beyond what insurance will cover, they may need to consider taking legal action if someone who caused their harm after violating traffic statutes. Understanding the connection between vehicle speed and crash risk may be beneficial for those recently involved in a serious collision, as a result.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=524542023-08-03T22:49:41Z2023-08-03T22:49:41ZResponsibility might depend…
Over-the-road truckers meet tight deadlines within challenging schedules. Extended hours on the road often lead to fatigue and reduced reaction capabilities, but liability may extend far beyond the individual at the wheel.
Three logistical dangers
Each year across the state, hundreds of people die due to involvement in truck-related crashes. But what exactly are the challenges that make these motor vehicle accident injuries so severe?
Safety concerns include:
Structure. Consider the size of a semitrailer, which can weigh up to 80,000 pounds when fully loaded. The force generated by a commercial truck can cause catastrophic damage to smaller vehicles and their occupants – especially because they require a longer stopping distance.
Limited Visibility. Commercial trucks have blind spots, also known as "no zones.” These areas around the truck limit the driver's vision and make it difficult to see smaller vehicles, motorcycles and pedestrians. When sharing the road, consider this: if you can’t see the driver of a large truck, they may not be aware of you, either.
Maintenance and mechanical problems. Commercial trucks experience significant wear and tear due to their regular time in use. Safety problems with brakes, tires or other mechanical parts can cause malfunctions during transport, with the potential for catastrophic injuries.
Inadequate training may also contribute to safety concerns related to poor judgment, improper maneuvering or failure to respond appropriately to different traffic situations.
If you are injured, you might consider all contributing factors of a commercial truck crash. You deserve to receive fair compensation, no matter why the accident occurred.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=524532024-02-05T17:36:07Z2023-07-28T01:36:15ZSeveral roads see more fatal crashes than others
There are multiple metrics that people can apply when evaluating how dangerous certain roads are. One of the most common and effective is looking at the total number of fatal crashes that occur at different locations. Certain roads and intersections tend to experience far more deadly collisions than others.
According to crash data gathered between 2018 and 2020, the most dangerous road in Dougherty County is Gravel Hill Road, where two people died within that three-year period. Other roads with high numbers of collisions include Blaylock Street near E 4th and 3rd Avenues and where North Jefferson Street passed by Liberty Expressway. The U.S. 19 junction near Clark Avenue also sees many collisions.
Is it possible to avoid unsafe roads?
For those who only drive occasionally, it may be possible to largely bypass the roads and intersections with the largest number of deadly collisions in recent years. However, most drivers won't have the option of simply avoiding major thoroughfares and highways in the Albany area.
Therefore, the better approach may be to recognize that these roads see a higher number of crashes and employ a little more caution when on those roads in particular. Knowing when to make safety a top priority could help someone significantly reduce their risk of a life-altering or fatal collision.
There are also times when, despite your best precautions, accidents do occur. If you or someone in your family has been injured, attorney Patrick Flynn can help you assert your legal rights.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=524442023-06-30T22:32:35Z2023-06-30T22:32:35ZWhy automatic emergency braking systems are necessary
The NHTSA predicts that automatic emergency braking systems can be highly effective in reducing the number of accidents on the road. These systems can detect and respond to potential hazards faster than human drivers by utilizing advanced sensors and front-facing cameras.
AEB technology adds an extra layer of protection by actively monitoring the road ahead and applying brakes when a collision risk is identified. This reduces the likelihood and severity of accidents, thereby safeguarding the lives of drivers, passengers and pedestrians. AEB systems also help mitigate the impact of human error by providing an additional safety net. They can react faster and more accurately in critical situations, helping prevent accidents caused by distracted driving or delayed reactions.
Compliance and implementation timeline
To help ensure widespread adoption and maximum impact, the NHTSA has established a timeline for compliance with the new regulation. Heavy trucks and buses weighing at least 10,000 pounds will be equipped with AEB systems by the end of 2024.
Much heavier trucks that weigh over 26,000 pounds should have the AEM systems three years after this new rule is finalized. Lastly, vehicles that weigh between 10,000 and 26,000 pounds will have until 2028. This phased approach will allow manufacturers and vehicle owners sufficient time to comply with the regulations while prioritizing road safety.
The mandatory implementation of AEB technology in heavy trucks and buses will significantly improve the safety standards within the commercial transportation industry. It will help commercial fleet operators to minimize the risk of accidents caused by driver error or unforeseen circumstances, thus saving lives preventing injuries.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=524272023-06-27T17:57:36Z2023-05-23T04:27:15Zinjured pedestrians in Dougherty County and other parts of southwest Georgia might face medical bills and rehabilitation costs in the six figures or even beyond. Furthermore, their injuries may leave them unable to work, perhaps permanently.
Finally, both they and their families suffer emotional and other losses that, although hard to give an exact dollar value, are very real and frequently life-changing.
Filing a personal injury suit against a negligent motorist may not be enough
After a pedestrian accident, a victim can sue the responsible motorist for negligence to recover their losses.
Unfortunately, though, sometimes the negligent driver responsible for the accident may have not carried enough insurance and has no other means of paying for a victim’s extensive injuries.
Sadly, some drivers also choose to leave the accident scene after they strike a pedestrian and never got caught.
In these cases, a victim should not give up hope. For example, they may be able to claim compensation from their own insurance company if they purchased uninsured motorist coverage.
They may also have underinsured motorist coverage to protect them from situations where a negligent driver had insurance but it is not nearly enough compensate for a victim’s losses.
Finally, pedestrians may be able to file a legal claim against other institutions responsible for their injuries.
To give just one example, if a pedestrian was on someone else’s property, the property owner may share responsibility for the accident in some cases. In other situations, government bodies may be responsible for not posting adequate signs or for other safety oversights.
There is a lot to think about after suffering a major injury in a pedestrian accident, but victims in and around Albany still need to be aware of their rights and options.
If they miss important details in this respect, it could cost them valuable compensation that they both need and deserve.
]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=522262023-05-19T11:45:15Z2023-05-11T17:59:37ZGeorgia truck violation blitz results in various citations
Since truckers are prone to dangerous behaviors on the road, law enforcement occasionally has a blitz to cite drivers to emphasize the importance of vigilance and safety. Recently, the Georgia Department of Public Safety had a large-scale enforcement period over three days.
The reasons for which truckers were cited should also be a sign for drivers who share the road with them of the possible reasons for collisions. If, for example, a trucker is distracted, they might weave in and out of lanes, miss curves in the road or not see a vehicle on either side of them.
The Motor Carrier Compliance Division made nearly 500 inspections of trucks. More than 100 were hazardous material (HAZMAT) related. Twenty-three drivers were taken off the road as were 64 commercial vehicles.
The citations that were given out broke down as follows: 42 drivers were using a cellphone or were otherwise distracted behind the wheel; 32 were speeding; 18 were using the wrong lane; and nine were following too closely. Any of these behaviors can be the catalyst for an accident.
Gathering evidence
Truck accidents can happen for myriad reasons. Those who have been injured or lost a loved one in this type of accident must be aware that they will need to accrue evidence as to how it came about.
If the driver was on the road for too long and was drowsy, this would likely be shown in their truck log. If they were under the influence, testing will prove that. Their cellphone record can indicate if they were distracted.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=522252023-06-27T17:57:47Z2023-05-04T10:49:40Zcar accident cases is comparative negligence. If you want to protect your ability to recover what you deserve, you need to know about this defense and how to counter it.
What is comparative negligence?
Under Georgia law, the jury in your case is allowed to hear the evidence and determine who is at fault for the accident in question. However, it’s not an all or nothing determination. Instead, the jury is free to assign fault to the parties as it sees fit. Therefore, under the state’s comparative negligence law, you and the other driver can be found to be partially at fault. When issuing that determination, the jury will assign a percentage of fault to each party, which will total 100%.
Why comparative fault matters
A comparative fault determination can be crucial to the outcome of your case. This is because the compensation awarded to you in a successful case will be reduced by the percentage of fault that was assigned to you. So, if you were awarded $100,000 but were found to be 35% at fault, you’ll only walk away with $65,000. This reduction can disrupt your recovery significantly.
Also, if you’re assigned too much fault, you’ll be denied financial recovery altogether. Therefore, you need to know how to anticipate this defense to protect your interests as fully as possible in your personal injury case.
How can you prepare for comparative negligence arguments?
As you prepare to initiate your personal injury claim, there are some steps that you can take to better prepare yourself to counter this defense. This includes doing each of the following:
Being honest with yourself about your actions leading up to the accident.
Being thorough with witnesses to determine what they saw and if any of it implicates comparative negligence
Focusing on the “comparative” aspect of the analysis by finding ways to show that your mistakes pale in comparison to those made by the other driver
Finding ways to maximize a showing of your damages so that a finding of comparative fault doesn’t cut you short any more than necessary
Considering an accident reconstruction so that you have an expert in your corner who can testify as to how the accident occurred and who is to blame for it
There may be other steps that you can take to protect yourself in your case, which is why you’ll want to think about being proactive in discussing the circumstances of your case with an attorney of your choosing.
Use the legal process to your advantage
Although the thought of comparative negligence can be stressful, the personal injury claims process has the potential to provide you with the financial support that you need. Therefore, you’ll be better served if you can channel your stress into thoroughly preparing your case.
If you want assistance with doing that to ensure that you’re making the best arguments possible given the facts in play, you might want to think about reaching out to an attorney who has proven themselves successful in this area of the law.]]>On Behalf of Patrick Flynn, Attorney at Lawhttps://www.patrickflynnlaw.com/?p=522242023-05-19T11:45:24Z2023-04-19T07:42:48ZThe accident
A pick-up truck and a van collided head-on about 40 miles southeast of Atlanta on State Highway 142 just after 3:00 p.m. All five individuals in the van were killed almost instantly. The driver of the pick-up truck suffered serious injuries and was taken to Piedmont Newton Hospital in critical condition.
Officers at the scene were struck by the injuries and the number of dead. One officer said that he had never seen so much destruction in a single accident. He said the destruction was “pretty devastating” to everyone on the scene. The cause of the accident was not immediately known, but one officer suggested that rainy weather could have played a part in causing the accident.
Claims for damages
The families of the five individuals who were killed may have claims for what is known as “wrongful death.” The exact nature of these claims will not be known until fault for the accident is determined. If the driver of the pick-up was responsible, all five families of the individuals riding in the van (the number “five” assumes that none of the passengers in the van were related to each other) may have wrongful death claims. If the driver of the pick-up was at fault, the claims of the families of the persons who died in the van would be made against him.
Sorting everything out
In a complex, multi-party accident such as this one, the services of an experienced personal injury attorney may be needed to evaluate the evidence and make a preliminary determination of which driver is responsible. Also, the accident reconstruction team from the Georgia Highway Department will undoubtedly use accident reconstruction techniques to help identify the responsible party.]]>