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.

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.

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

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.

About Jason Bice

Jason is a native of Ragland, Alabama. He served in the United States Marine Corps and graduated from Jacksonville State University. Before attending law school, Jason worked as a District Executive for the Boy Scouts of America and worked as a Pharmaceutical and Marketing Representative. Jason graduated from the Thomas Goode Jones School of Law at Faulkner University in Montgomery, Alabama. During law school, Jason won the CALI Award for Wills and Trusts and became a founding member of the school’s chapter of the Phi Alpha Delta Law Fraternity. Upon completion of law school, he received the school’s specialized certificate in Alternative Dispute Resolution.

Jason has legal experience with the Troup County Public Defender’s Office and District Attorney’s Office for the Tallapoosa Judicial Circuit. Jason and his wife Crystal live in Temple, Georgia. He is a member of the Georgia State Bar Association and is licensed to practice in all courts throughout Georgia.

Please join us in welcoming Jason to our law firm.

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

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.

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.

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.

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.

1. Distracted Drivers
2. Driver Fatigue
3. Drunk Driving
4. Speeding
5. Aggressive Driving
6. Weather

Any of these conditions can cause an accident. It is important to stay alert and aware of one's surroundings while driving, but if you or someone you know has been involved in an unexpected accident in which you were injured, contact my Douglas County law office for a free consultation.

The old standard stopping distance for large trucks was 355 feet, meaning that truck drivers had that much distance to stop during regular traffic. The new rule revises the distance and decreases it to 250 feet, causing drivers to be more aware of the surrounding congestion and to be mindful of smaller cars on the roadway. According to the press release issued by the NHTSA, this new rule estimates that over 200 lives will be saved annually and numerous serious injuries will also be prevented. Not only will injury crashes reduce, but property damage costs will also decrease following the new rules. The new rule applies only to larger trucks, not single-unit trucks, trailers and buses and will be phased in over the next few years.

As a Douglasville, Georgia injury attorney, I have handled numerous car accidents over the years that involved 18-wheelers. If you or someone you know has been hurt in a car wreck involving a large truck, please call my office for a free consultation. We are located directly across the street from the Douglas County Courthouse on Hospital Drive.

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.

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.