Injuryboard Commentary - Georgia

Mother, 3 Children Hurt When Semi Truck Runs Stop Sign In Spaulding County, Georgia

Brett Emison — Fri, 04 Dec 2009 10:57:27 GMT

The Atlanta Journal-Constitution and WSB TV have reported that a Hampton, Georgia mother and her three children were seriously injured when they were struck by a tractor trailer that had run a stop sign.

A mother and her three kids were transported to area hospitals after being involved in an accident with a tractor-trailer in Spalding Thursday afternoon.

The incident occurred around 2:35 Thursday afternoon at the intersection of High Falls Road and North McDonough Road.

Cindy Lynn Fain, 38, of Hampton, was driving her Dodge minivan west on High Falls Road when Solomon Debela, 37, of Tucker, ran a stop sign and slammed into the passenger side of the van. Debela was traveling south on North McDonough.

Fain and her three kids, Landon Todd, 2; Jason Todd, 4 and Josieanna Arriaga, 5, were injured seriously in the crash, said Lt. Paul Cosper, Georgia State Patrol spokesman.

The children were airlifted to Children’s Healthcare of Atlanta at Egleston. Fain was transported to Spalding Regional Medical Center. Their conditions were unknown by Cosper and would not be released by hospital officials.

The accident is still under investigation, said Cosper. Debela has been charged with failure to stop at a stop sign, failure to obey a traffic control device and charged for driving a truck on a no-thru truck road.

Too many people have been killed by semi truck crashes and trucking accidents.

Nationwide, large trucks (known as tractor trailers, semi trucks, eighteen wheelers, diesel, big rigs, or commercial trucks) make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities. For example, in Missouri, semi truck crashes make up as much as 15% of traffic deaths. In Illinois, tractor trailer crashes cause more than 10% of traffic deaths.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

Visit our trucking accident web site to learn more about trucking accident safety or trucking accident investigation.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Good Samaritan In Covington Struck By Hit And Run Driver

M. Brandon Smith — Sun, 22 Nov 2009 09:56:00 GMT

There's an old proverb that says "no good deed goes unpunished". And while this cynical out look on life is not always true, it unfortunately sometimes is.

Take, for example, the story of the young man in Georgia who was struck by a speeding vehicle while he was trying to help a stranded motorist. According to CovNews.com:

It all happened at around 12:15 a.m. when [the victim] was at his home just outside Porterdale. According to him, he heard a commotion outside and opened the door to see what was going on. When he walked outside he saw a man and a woman and the couple appeared to be arguing. When he asked them what was going on, they told him the woman had been driving their vehicle and had run off the road, getting stuck in a ditch down the street.

As he went to assist the couple, he noticed a "black compact car" speeding towards them. Trying to ward off the reckless driver in order to protect the woman he was helping, the young man waved for the car to slow down, only to be struck as the car skidded towards him.

"I was not in his way at all. It sounded like he was speeding toward me," said [the young man]. "He skidded and then the car hit me. It was probably going 50 or 55 m.p.h. and I tried to jump out of the way but I couldn’t get my left leg out of the way in time."

The car struck [him] and he flew into the air, flipped and then hit the ground. The driver of the vehicle reportedly acted like he was going to stop but then apparently decided against it sped away.

An officer arrived at the scene in less then two minutes, called there for assistance prior to the accident by the people stuck in the ditch. [He] was taken to Atlanta Medical Center where it was found that his knee was lacerated to the bone, requiring more than 100 stitches – both inside and out.

He also suffered bruised ribs and numerous scrapes and bruises. Doctors have told him that he will need to use crutches for at least two months, but [he] can only walk short distances on them, requiring a wheelchair to go more than a few steps.

This young man, who is just a few weeks shy of celebrating his 18th birthday, deserves justice. Hit-and-run accidents are terrible violations of the law in any situation, but the fact that this particular victim was only in harm's way because he was trying to do a good deed makes the injustice of this situation even more frustrating.

If you have any information on this story, please call Georgia State Patrol Cpl. C.S. Allen at

(770) 464-1800 or (706) 210-2050.

Originally posted at InjuryBoard by M. Brandon Smith

SSA Fugitive Felon Program Gone Bad

Stuart McAtee — Thu, 19 Nov 2009 11:07:37 GMT

It appears the "Fugitive Felon" program had some issues and precluded benefits to rightful recipients. A federal judge approved a civil-court settlement requiring the Social Security Administration to repay $500 million to 80,000 recipients whose benefits it suspended after deeming them fugitives.

The supposed fugitives include a disabled widow with a previously suspended driver's license, a quadriplegic man in a nursing home and a Nevada grandmother mistaken for a rapist.

According to an article in the Wall Street Journal, they were among at least 200,000 elderly and disabled people who lost their benefits in recent years under what the agency called the "Fugitive Felon" program. Launched in 1996 and extended to Social Security disability and old-age benefits in 2005, the program aimed to save taxpayers money by barring the payment of Social Security benefits to people "fleeing to avoid prosecution."

But some federal courts in recent years have concluded that most people the agency identified as fleeing felons were neither fleeing nor felons. The problem: Social Security employees relied on an operations manual stating that anyone with a warrant outstanding is a fugitive felon, whether the person is actually fleeing or attempting to avoid being captured.

The Social Security Administration, which neither admitted nor denied wrongdoing as part of the settlement, declined to comment.

The National Senior Citizens Law Center, an advocacy group for the elderly and disabled, sued the Social Security Administration in an Oakland, Calif., federal court last year on behalf of people denied benefits, and asserted that most warrants -- some decades old -- were for minor offenses and most people were unaware they existed.

Let's hope all of the valid recipients are compensated.

Originally posted at InjuryBoard by Stuart McAtee

SSD Questions About Going Back To Work Later In Life And Short Term Disability

Stuart McAtee — Tue, 10 Nov 2009 14:58:13 GMT

From time to time, we receive questions from potential clients about various subjects regarding Social Security. As our nation ages, more elderly workers are re-entering the work force and they sometimes have questions about withholding, Social Security, and taxes. If you are returning to work, after age 65 for instance, your employer must withhold FICA taxes from your paycheck no matter how old you are. Although you may have been retired, you do receive credit for those new earnings according to the Social Security Administration. Each year Social Security automatically credits the new earnings and refigures your monthly benefit. If your new earnings are higher than in any earlier year used to calculate your current benefit, your monthly benefit could increase.

Another question sometimes asked is about short-term disability. What if a worker will only be disabled for a short period of time(for instance Maternity Leave)? Can a person qualify for SSD benefits for short term disability? In a nutshell, no. Social Security pays only for total disability—conditions that render you unable to work and are expected to last for at least a year or end in death. No benefits are payable for partial disability or short-term disability, including benefits while on maternity leave. The disability evaluation process considers any current work activity you are doing, and your medical condition and how it affects your ability to work. For more information, go to www.socialsecurity.gov/pubs/10029.html

Originally posted at InjuryBoard by Stuart McAtee

Fatal Motorcycle Accident In Conyers, Georgia

M. Brandon Smith — Thu, 05 Nov 2009 00:06:08 GMT

Last week on Tuesday, a tragic motorcycle and car accident occurred, leaving one driver dead. Stephen Andrew Wust, a 26 year old from Covington, Georgia was pronounced dead at the scene early Tuesday morning.

A 1999 Toyota Camry attempted to make a left turn off of Sigman Road as the driver was traveling north going onto Interstate 20. It was a little after 5 a.m. when Stephen Wust was traveling south at the same time the Camry was about to turn left.

When the Camry turned towards the on-ramp to the Interstate, it turned right in front of Wust, who was on his motorcycle. This caused Wust to lay the motorcycle down. He was thrown toward the entrance of the interstate as his motorcycle slid away. Wust was then tragically struck and run over by the driver of the Camry.

The driver of the Camry did not have any injuries as a result of this deadly accident but will likely face criminal charges as a result of this fatal motorcycle accident in he days ahead. The investigation into this tragic event continues and will be followed here.

Update:

In other news, the woman driver involved in last week’s traffic crash that killed a Covington motorcyclist was charged with homicide by vehicle by the Sheriff’s Office.

Judith C. Lorier, 66, of 2154 Rolling Acres Drive, was also charged with failure to yield right of way in making a left turn. She was booked into the Rockdale County Jail on Wednesday and released on $1,100 bond, according to RCSO spokeswoman Jodi Shupe.

Roadway safety is everyone's responsibility. Please be care and always look twice before making sudden turns or actions. The life you save could be your own.

Originally posted at InjuryBoard by M. Brandon Smith

What Is This Statement from Social Security and Why Do I Keep Getting It?

Stuart McAtee — Sun, 01 Nov 2009 15:11:53 GMT

Recently, I recieved a Social Security Statement in the mail because my birthday is fast approaching and I meet certain criteria to receive such a statement. If you're age 25 or older, pay Social Security taxes and are not yet receiving monthly benefits, you should get an automatic Social Security Statement in the mail each year about two to three months before your birthday. The statement is a valuable tool to keep track of your annual earnings, as well as to help you plan your financial future. Read Article: www.times-standard.com/lifestyle/ci_13339858

But if your earnings don't meet the threshold for filing a federal tax return, you might not be receiving your annual Social Security Statement. However, you're probably entitled to one.

Everyone who has worked and paid Social Security tax is entitled to receive a statement. So, if you don't get one automatically in the mail, you can request one from Social Security -- and the easiest way to do that is online.

Just visit www.socialsecurity.gov/mystatement and click on the “Need to request a Statement?” banner. You'll need to fill in the following information to make your request:

-- Your name as shown on your Social Security card

-- Your Social Security number

-- Your date of birth

-- Your place of birth

-- Your mother's maiden name (last name only, to help identify you).

You also can provide the following information to make your estimate more accurate:

-- Your last year's earnings and an estimate of your current and future earnings.

-- The age you plan to stop working.(for most this may be difficult)

Once you make your request, Social Security will mail you a statement, which you should receive within two to four weeks. Give it a careful look to make sure your earnings and information are reported correctly, and contact Social Security if you find anything amiss.

After you review your statement, it's a good idea to keep it with your other important papers. And if you'd like to go one step further in your retirement planning, visit the online Retirement Estimator at www.socialsecurity.gov/estimator, where you can get an instant estimate of your future benefits based on your earnings record and plug in various retirement age scenarios. More information is also available at www.socialsecurity.gov.

Originally posted at InjuryBoard by Stuart McAtee

SSA Announces No Payment Increase for 2010

Stuart McAtee — Thu, 15 Oct 2009 11:57:32 GMT

As I have blogged about before, President Obama released extra payments earlier this year to millions of disabled Americans. For 2010, the outlook doesn't look good for a cost of living increase based on the Social Security Administration's denial of increased benefits for the upcoming calendar year. CNN is reporting no increase will occur: money.cnn.com/2009/10/14/news/economy/obama_seniors_payment/index.htm

It marks the first time that Social Security benefits have not been increased year over year since the cost-of-living adjustment was put into effect in 1975. To help counterbalance that, President Obama is calling on Congress to send another $250 relief payment to 57 million seniors and other Americans to stem the economic strain.

Congress approved $250 emergency payments as part of the $787 billion economic recovery act that lawmakers passed in February.

"Even as we seek to bring about recovery, we must act on behalf of those hardest hit by this recession," Obama said in a statement Wednesday. "That is why I am announcing my support for an additional $250 in emergency recovery assistance to seniors, veterans, and people with disabilities to help them make it through these difficult times."

As with the first $250 emergency payment, the second one would be exempt from income tax, a senior administration official said in a call with reporters.

If approved by Congress, the payments would be sent out in 2010, most likely in the first half. "It wouldn't be late in 2010," the administration official said. The measure would cost $13 billion over 10 years, according to White House estimates. The $250 is roughly equal to a 2% increase in benefits for the average Social Security beneficiary.

Let's hope President Obama's efforts to help those in need will pay off.

Originally posted at InjuryBoard by Stuart McAtee

Georgia Power Van Crash Causes Serious Injuries on Stone Mountain Freeway

M. Brandon Smith — Wed, 14 Oct 2009 14:43:00 GMT

A van carrying 9 Georgia Power employees was involved in a very serious auto collision on Tuesday after another vehicle reportedly clipped the back end of the Southern Company commuter van. According to reports, emergency personnel had to use the jaws of life in order to get the van occupants out of the vehicle. Of the nine employees believed to be in the Georgia Power van, six people we air lifted to Grady Memorial Hospital and Atlanta Medical Center for treatment. 3 other occupants reportedly did not survive the Georgia Power van collision. No names of those involved have been released at this time.

The wreck happened just after 4:30 during afternoon traffic between Stone Mountain Industrial and Memorial Drive.

WSB reported that witnesses told investigators that a Dodge Stratus clipped the rear of the van as the sedan driver attempted to make a lane change.

The names of those killed and injured have not been released, but WSB radio reported that the van was a Southern Company commuter van, and the victims were Georgia Power employees.

The van was owned by VPSI, Inc., a Michigan-based company that owns and leases commuter vans in cities across the country. Company spokesman Jim Cain said VPSI vans are typically driven by employees of the local companies providing the van service.

This is a tragic event for all involved and the investigation into the van crash will continue in the days and weeks ahead to confirm the early indications of eyewitnesses. We wish the best for those involved and their families during this tragic time.

Once more information is provided, we will continue to follow this developing event.

Update on the Georgia Power Van Accident:

According to the Dekalb Police Department, the driver of the other vehicle, a Dodge Stratus, is James Miles, 55, of Loganville. DeKalb police said.

Police have not filed charges at this time but may do so in the future according to early reports.

Originally posted at InjuryBoard by M. Brandon Smith

Georgia Man Wins $6.5 Million Settlement In Erectile Dysfunction Suit

David Mittleman — Sat, 10 Oct 2009 10:00:00 GMT

Georgia—Jon Henry Howard won $9.25 million dollars in a jury verdict against the Atlanta men’s clinic who attempted to treat his erectile dysfunction, but instead left his penis permanently damaged. The man’s attorney, W. Fred Orr II called his client “the most courageous client” he’s ever had for coming forth with his devastating and embarrassing story.

Howard, a truck driver from Ellenwood, Georgia, heard a radio advertisement in September 2006 by Boston Medical Group that promised “sex for life”. When Howard went for his treatment, he was placed in a waiting room filled with brochures that warned against taking oral medications to treat erectile dysfunctions. Howard felt affirmed in his decision when the clinic staff proceeded to tell him that the Boston Men’s Health Center’s treatment was safer than oral remedies for erectile dysfunction. He was also told that the treatment would be virtually “painless”.

Howard was diagnosed with erectile dysfunction and premature ejaculation and that the clinic would inject a “secret formula” into his penis. The “secret formula” turned out to be papaverine—an ingredient that the Food and Drug Administration has warned should not be used to treat erectile dysfunction. Nevertheless, Howard said he experienced the “best erection of his life” and ordered a six-month supply of the clinic’s medication to inject himself on his own. Two weeks later, Howard experienced an erection that wouldn’t go away and soon became painful. He was then sent to Piedmont Hospital’s emergency room and was told that the medication had caused fibrosis and scar tissue to form in his penis. As a result, Howard cannot have a normal erection.

Originally posted at InjuryBoard by David Mittleman

Statute of Limitations Extended In Some Georgia Auto Accident Cases

M. Brandon Smith — Thu, 08 Oct 2009 15:49:26 GMT

A recent Georgia Supreme Court case has tolled the state’s statute of limitations for Georgia car accident cases. In Beneke v. Parker, the Georgia Supreme Court held that the statute of limitations will be tolled from the date of the accident until the traffic citation is resolved.

Before this case, the 2 year Georgia statute of limitations began to run from the date the car accident occured. If you failed to file or settle your injury claim within that 2 year period you were forever barred from asserting it. This decision, however now tolls (extends) the statute of limitations and represents a continued effort to both clarify the law and protect innocent Georgia drivers that have been hurt through not fdault of their own.

In Beneke v. Parker, Parker was hit from behind and overturned when Beneke hit her car. In this Georgia car accident, Beneke was cited for following too closely behind Parker’s car. Parker filed a Georgia personal injury lawsuit against Beneke, but filed it after the two years statute of limitations. Initially, the trial court did grant Beneke’s motion for summary judgment (motion to dismiss her case) based on the expiration of the two years statute but it was subsequently denied on a motion for reconsideration. The court found that Parker’s Georgia injury lawsuit was timely-filed because the statute of limitations was tolled until Beneke resolved the traffic citation by posting a cash bond to dispose of the citation.

After the case reached the Supreme Court, they ruled that the two years statute of limitations is extended by the same amount of time that passes between the car accident and the resolution of the ticket.

Here is the text from the decision:

In the Supreme Court of Georgia

Decided: September 28, 2009

S08G2078. BENEKE v. PARKER et al.

S08G2082. PARKER et al. v. BENEKE.

HUNSTEIN, Chief Justice.

On April 27, 2005, Patricia Parker was injured when the car in which she

was a passenger was struck from the rear and overturned by a vehicle driven by

Alan Beneke; Beneke was cited for following too closely. See OCGA § 40-6-

49. Parker filed a personal injury action against Beneke on May 11, 2007. The

trial court initially granted Beneke’s motion for summary judgment based on the

expiration of the two-year statute of limitation, see OCGA § 9-3-33, but on

motion for reconsideration vacated its order and denied summary judgment. In

finding that the complaint was timely-filed because the statute of limitation had

been tolled until Beneke posted a cash bond disposing of the traffic citation on

May 19, 2005, the trial court relied on OCGA § 9-3-99, which provides that

[t]he running of the period of limitations with respect to any cause of

action in tort that may be brought by the victim of an alleged crime which

arises out of the facts and circumstances relating to the commission of

such alleged crime committed in this state shall be tolled from the date of

the commission of the alleged crime or the act giving rise to such action

in tort until the prosecution of such crime or act has become final or

otherwise terminated, provided that such time does not exceed six years.

In Beneke v. Parker, 293 Ga. App. 186 (667 SE2d 97) (2008), the Court of

Appeals affirmed the denial of summary judgment, but vacated the portion of

the trial court’s order ruling that Beneke had committed a “crime” as a matter

of law so as to bring OCGA § 9-3-99 into play, holding that this question must

be resolved by a jury. See Beneke, supra at 189-190 (1). We granted certiorari

to consider whether the Court of Appeals erred in holding that a “crime” within

the context of OCGA § 9-3-99 must be a “crime” that satisfies the definition set

forth in OCGA § 16-2-1 (a), i.e., one that involves criminal intent or criminal 1

negligence. For the reasons that follow, we hold that it did so err.

[T]he fundamental rules of statutory construction . . . require us to

construe a statute according to its terms, to give words their plain and

ordinary meaning, and to avoid a construction that makes some language

mere surplusage. [Cits.] At the same time, we must seek to effectuate the

intent of the legislature. [Cit.] Slakman v. Continental Casualty Co., 277 Ga. 189, 191 (587 SE2d 24) (2003). A violation of one of the Uniform Rules of the Road, such as the rule that a OCGA § 16-2-1 (a) provides that “[a] ‘crime’ is a violation of a statute of this 1 state in which there is a joint operation of an act or omission to act and intention or

criminal negligence.” 2 driver must not follow another vehicle too closely, is a misdemeanor, OCGA § 40-6-1 (a), and a misdemeanor is “any crime other than a felony.” (Emphasis supplied.) OCGA § 16-1-3 (9). Thus, the plain language of OCGA § 9-3-99 would encompass a violation of a Uniform Rule of the Road. To impose a more

stringent definition of “crime” within the context of the statute would render

superfluous its language that the statute of limitation is tolled from the date of

the alleged crime “or the act giving rise to such action in tort” until the

prosecution or other termination of such crime “or act.” The Court of Appeals properly affirmed the denial of summary judgment to Beneke. However, no factual determination need be made as to whether Beneke acted with criminal intent or criminal negligence, i.e., whether his violation of OCGA § 40-6-49 constituted a crime as defined in OCGA § 16-2-1 (a), in order to apply OCGA § 9-3-99 here. We thus reverse the portion of the

Court of Appeals opinion holding otherwise. Like the Court of Appeals, we

recognize that our holding in this case will have a significant impact on personal

injury actions arising out of vehicle accidents by tolling the statute of limitation

in those situations where a traffic citation is issued. See Beneke, supra, 293 Ga.

App. at 191. Nonetheless, we are constrained by the language of the statute to

3 reach this result. If the Legislature had intended to limit the application of

OCGA § 9-3-99 to tort actions arising from only certain types of crimes, e.g.,

felonies or specific intent crimes, it certainly could have done so. It did not, and

any undesirable result is a matter properly addressed by the General Assembly

rather than the courts.

Judgment affirmed in part and reversed in part. All the Justices concur.

Originally posted at InjuryBoard by M. Brandon Smith