AUTOMOBILE, TRACTOR-TRAILER AND MOTORCYCLE INJURY
AUTOMOBILE ACCIDENTS
As everyone knows, automobile injuries and deaths occur too frequently in our society. There is virtually never a day that passes in the metropolitan Atlanta Area when a traffic fatality is not mentioned in the headlines. Few families have gone untouched by the losses caused by death and significant injury caused in automobile collisions.
Mr. Davis has handled thousands of automobile negligence cases over the years. Many of these automobile negligence cases have resulted in six figure results and some of them have resulted in seven figure results.
While Mr. Davis now limits his practice to a select few clients with injuries caused by negligent automobile drivers, you can be assured that Mr. Davis will devote his personal attention to your case and will strive to do his utmost to obtain the best possible result for you in your automobile negligence case. The majority of Mr. Davis’ practice consists of cases referred by other attorneys, who rely on Mr. Davis’ expertise in litigating such matters.
TRACTOR-TRAILER ACCIDENTS
The Motor Carrier and Highway Safety Law Division of the Federal Highway Administration estimates that there are upwards of 220,000 interstate carriers and upwards of 5 million drivers subject to the Federal Motor Carrier safety regulations at this time. When intrastate motor carriers and their drivers are included, these estimates can increase by 100 percent. There were 50,000 truck tractor registrations in the State of Georgia alone in 1988 and 12 million truck tractor registrations in the United States for that year. The number of carriers and drivers operating on our highways is huge. With the strong economy that has benefited the United States in the 90’s, the number of tractor trailer rigs traveling the nation’s highways has reached a staggering number. Anyone who travels on the interstates is amazed by the number of “big rigs” speeding down the nation’s highways and interstates all hours of the day and night. Many of these rigs routinely cruise the highways at speeds exceeding 80, 90 or even 100 mph.
Based on the study by the United States Office of Technology Assessment, there are twice as many large trucks involved in fatal accidents as passenger cars per 100 million vehicle miles traveled for each year between 1976 and 1985.
The National Transportation Safety Board has published a safety study that concluded 33 percent of fatally injured drivers tested positive for alcohol or other commonly abused drugs. The state likewise concluded that fatigue and fatigue-drug interactions caused a significant percentage of total accidents.
In a separate technical paper published by the Society of Automotive Engineers, the author concluded that the largest risk factor relative to large trucks is defective brakes and poor maintenance.
The statistics show that the causes of large truck crashes usually involve more than just driver negligence. Trucking cases often involve another dimension of negligence in terms of industry and corporate management policies involved in the emphasis on making a profit versus safety. For economic reasons, drivers are pressured by the industry to drive many hours without rest. Many drivers resort to drugs to stay awake and are operating their rigs in a sleep-deprived, slowed response time state.
In tractor trailer wreck cases, often times the Plaintiff must sue the truck driver, the motor carrier for whom the driver was working at the time of the wreck, the insurance company for a common or contract motor carrier, employees of the public or private motor carrier, other than the driver, the parent company of the operating trucking subsidiary, companies which maintain the truck, companies which manufacture components of the company, the leasing company which supplied the tractor, trailer or both, other drivers such as other truckers traveling in a convey, safety consultants/transportation service companies.
A survey of all the possible venue locations must be made and the best possible venue for the lawsuit must be chosen. The trial lawyer will attempt to file the suit in the county which has the best track record for adequate Plaintiffs’ awards by juries.
The trail lawyer must typically obtain the manufacturer’s material concerning specifications and proper maintenance of the vehicles involved, the driver’s log book information from the Georgia Public Service Commission, meteorological information, the investigating police officer’s report, and must interview witnesses. Often times an expert is hired to prove some area of professional negligence. The trial lawyer must also explore the Federal Motor Carrier safety regulations and possible violations. Company safety rules and policies must also be obtained, and the conduct of the driver must be compared to the policy of the company. Experts may testify as to the adequacy of company safety policies.
Often times demonstrative evidence such as aerial photographs, anatomical models, models of the crash site, and the like should be used.
Clients should question attorneys about their experience and qualifications in pursuing compensation for citizens injured by negligent tractor trailer drivers and their employers. It is usually in the client’s best interests to select a lawyer who has experience in such cases. Mr. Davis has handled dozens of trucking cases throughout his career and has obtained excellent results on behalf of his clients and/or their survivors.
MOTORCYCLE ACCIDENTS
There are currently 5.5 million motorcycle owners in the US with 3.9 million registered motorcycles accounting for 1.9% of all motor-vehicles registered for use on public roads in the United States. (Source: US Department of Transportation, Federal Highway Administration) In 2003, approximately 900,000 new motorcycles were sold in the United States.
Marc Davis has been an avid motorcyclist for most of his adult life. Currently, Mr. Davis enjoys riding his Harley-Davidson Heritage Springer, his Moto Guzzi California 3, his Honda GB 500, and his Yamaha FZ1 sport bike. He also enjoys dirt biking on his vintage Yamaha 100's and Honda ATV. Weather permitting, you can probably find him for at least a few hours every weekend riding on Georgia's back roads. He loves to ride the state highways around his hometown of Covington, Georgia to such destinations such as Madison, McDonough, Eatonton, Greensboro, Monticello, Rutledge, and Hampton. He also loves to ride the highway from Helen, Georgia to Hiawassee, through the back roads of North Carolina around Hayesville and Murphy, on the Richard Russell Parkway, and on the highway from Lake Chutuge to Lake Burton in North Georgia. "The Forgotten Coast" around Appalachicola ,Cape San Blas and Port St. Joe is another favorite riding venue. Daytona Bike Week is another favorite motorcycling event.
Mr. Davis enjoyed a brief amateur career as a motorcycle racer, while in his forties, racing vintage Hondas with AHRMA and WERA at road Atlanta, Daytona International Speedway, Talladaga, and Roebling Road in Savannah, Georgia.
As an avid motorcyclist, Mr. Davis is particularly concerned with the safety of motorcyclists and the need for injured motorcyclists to obtain full and fair compensation for injuries caused by the negligence of other motorists. Mr. Davis has developed a specialty over the years in handling traumatic brain injury cases and spinal cord injury cases. He has published articles in Trial Magazine, The Journal of the Association of Trial Lawyers of America and The Verdict: The Journal of the Georgia Trial Lawyers' Association on the subjects of mild to moderate brain injury, paraplegia and quadriplegia.
We certainly hope that you are never injured in a motorcycle collision or crash, but if you are we would welcome the opportunity to help you obtain full and adequate compensation for your injuries, lost wages, rehabilitation expenses, and property damage.
As avid motorcyclists know, Georgia's highways are filled, particularly on weekends, with motorcycle enthusiasts.
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