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 settlement or verdict results and some of them have resulted in seven figure results.

While Mr. Davis now limits his practice to clients with substantial 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. Much of Mr. Davis' practice consists of cases referred by other attorneys, who rely on Mr. Davis' expertise in litigating such matters. Mr. Davis is known as a lawyer's lawyer.

Accidents involving large trucks are among the most serious and the most deadly in the United States. At our firm, we recognize that handling these cases requires a thorough understanding of commercial vehicle regulations on both the Federal and State level. Trucking companies are required to follow Federal Motor Carrier Safety Regulations concerning their equipment and their drivers' hours of service. Driver fatigue is a common problem as hours of service regulations are routinely violated and driver logs intentionally recorded inaccurately. Careful examination of drivers' hours as well as the inspection and maintenance records on trucks, often show serious and fraudulent violations of safety regulations. In some instances, trucking companies are only required to maintain these records for six months. Without obtaining these records before they are destroyed, the injured person or survivors of a person killed in a truck wreck has a much more difficult time proving the trucking company's negligence. Often we engage the services of an engineer or accident reconstructionist early to inspect the truck in question as well as the maintenance and driver logs of the truck or trucker in question.

One out of eight traffic fatalities in 2005 resulted from a collision involving a large truck. In 2005 442,000 large trucks, gross vehicle weigh rating greater than 10,000 pounds, were involved in traffic crashes in the United States. 4,932 were involved in fatal crashes. A total 5,212 people died. (12% of all traffic fatalities reported in 2005 and an additional 114,000 were injured in those crashes). In 2005, large trucks accounted for 8% of all vehicles involved in fatal crashes and 4% of all vehicles involved in injury and property damages.

Large trucks are more likely to be involved in more fatal multi-vehicle crashes as opposed to a fatal single vehicle crashes than were passenger vehicles. Most of the fatal crashes involving large trucks occur in rural areas during the daytime and on the week days. The percentage of large truck drivers involved in fatal crashes who had a blood alcohol concentration of 0.08 grams per deciliter or higher was 1% in 2005. Unfortunately, truckers frequently use illegal stimulants such as cocaine and methamphetamines to drive when they are physically too tired to handle these big rigs.

Usually when a wreck involves a tractor trailer, someone is seriously injured. Death, brain injury, spinal cord injuries and fractures frequently occur. 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 tractor trailer wrecks.

In a 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 followed by driver fatigue.

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 with the emphasis on making a profit versus safety. For economic reasons, drivers are pressured by the industry to drive too 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. Drivers logs of hours are frequently altered or forged.

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 rig, 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 and/or the insurance company for the trailer.

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.

When a wreck involving a tractor trailer occurs, a prompt investigation must take place and a spoliation letter written to preserve the evidence. The trial 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 quickly 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.

Oftentimes 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 outstanding results on behalf of his clients and/or their survivors.

In all trucking accident cases, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question and to enable physicians and other expert witnesses to thoroughly evaluate any injuries. If you or someone you care about is involved in an accident with a truck, call the firm of E. Marcus Davis, P.C. at (404) 688-2000 or e-mail Marc@dzkl.com. A contact form is also included on this website. The initial consultation is free of charge, however, if we agree to take your case we will work on a contingent fee basis, which means we get paid for our services only if there is a successful recovery of funds on your behalf. If we do not recover a monetary reward for you, you will owe nothing. So please don't delay. Time is of the essence in these matters. The investigation must be completed before evidence is destroyed or dissipated. You may have a valid claim and be entitled to compensation for your injuries but a lawsuit must be filed before the statute of limitations has expired.

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.

Approximately 4,000 motorcyclists are killed each year in the United States and more than 80,000 are injured in traffic crashes. Per vehicle mile traveled in 2004, motorcyclists were about 34 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured. While motorcyclists make up slightly more than 2% of all registered vehicles in the U.S., motorcyclists account for 10% of total traffic deaths. In all motor vehicle accident cases, especially in motorcycle wrecks, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question and to engage physicians and other expert witness to thoroughly evaluate any injuries.

The initial consultation is free of charge and if we agree to accept your case, we will work on a contingency fee basis and advance the expenses of the case, which means we get paid for our services only if there is a monetary reward or recovery of funds.

If you or someone in you or one of your loved ones have suffered serious injuries in a motorcycle accident anywhere in Georgia, contact E. Marcus Davis for a free consultation about your right to compensation.

Being an avid motorcyclist and enthusiast, Marc understands the challenges motorcyclists face in being confronted with the negligence of other motorists including drivers of cars and trucks. Truckers are particularly bad about running down motorcyclists on the interstate when the motorcyclist is in the so-called "blind spot" of the truck. Truckers are negligent when they do not ensure that the blind spot is clear before changing lanes.

Marc's experience and concern for his clients can benefit you in obtaining the best treatment for you while we work towards the maximum possible recovery for your injuries and legal claims for disability and lost wages.

As opposed to the drivers of cars or trucks, motorcyclists are exposed to serious disabling, catastrophic or even fatal injuries in a crash. Mr. Davis has over his 32 years of law practice gained considerable expertise in the areas of traumatic brain injury and spinal cord injury. Mr. Davis is currently the Chairman of the Board of the Brain Injury Association of Georgia www.braininjurygeorgia.org . Mr. Davis has given lectures to other lawyers on handling traumatic brain injury cases as well as spinal cord injury cases. He has written nationally published articles on traumatic brain injury as well as locally published articles and seminars on spinal cord injuries and brain injuries.

In a typical motorcycle crash, the motorcyclist is hit by an inattentive or unobservant driver who simply doesn't see the motorcyclist. The first impact is between the motorcycle and the vehicle. This causes a primary injury to the motorcyclist. The secondary impact is frequently when the motorcyclist is hurled from the bike and hits the roadway or another fixed object, then a secondary injury occurs. Frequently, the emergency medical personnel focus on the obvious orthopedic injuries but do not focus on the more subtle brain and spinal cord injuries. Sometimes spinal cord injuries are made worse when the patient is not properly stabilized before transport to the hospital.

Minor brain injuries especially can go undiagnosed until later when the patient reports changes in emotional status, memory, thinking, mood swings, inability to work and other such problems. No matter how you are injured in a motorcycle accident, we are experienced and fully equipped to represent you and your claim. We have decades of expertise in developing the liability aspects of motorcycle wreck cases as well as in presenting expert testimony to illustrate any orthopedic, spinal cord injury or traumatic brain injuries, which occurred in the wreck. We can coordinate with your insurance carriers to make sure that your bills for medical treatment are paid. We can also negotiate with your health insurance company to compromise their subrogation claim. Frequently, your health insurance policy will provide that if you retain a recovery, as long as you are fully compensated for all economic and non-economic damages, then the insurance company will seek reimbursement from the recovery in your case.

We handle every case aggressively and work it up for trial. Because we are ready for trial and because Marcus Davis has a reputation as a trial lawyer, frequently the cases are settled for top dollar on the eve of trial. In the event that the trial goes forward, we will be fully prepared to represent your interests with the proper witnesses including: witnesses to the actual wreck, witnesses to your damages including medical doctors, physical therapists and the like, as well as life care planners and economists.

I hope that you and I will wave at each other as we pass on our "bikes" on some of Georgia's scenic mountain byways. In the event that you sustain injuries due to the negligence of someone else, we stand ready, willing and able to help you obtain a full recovery for your injuries and damages in a timely manner.

Marc Davis has been an avid motorcyclist for most of his adult life. Currently, Mr. Davis enjoys riding his Harley-Davidson Heritage Springer and his Yamaha FZ1 sport bike. 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 he likes to attend.

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.

Unfortunately, motorcycle wrecks frequently result in brain injuries and spinal cord injuries and fractures.

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.

• American Trucking Association
  http://www.truckline.com
  
  
• Manual on Uniform Traffic Control Devices
  http://mutcd.fhwa.dot.gov/index.htm
  
  
• United States Department of Transportation (USDOT)
  http://www.dot.gov/
  
  
• National Highway Transportation Safety Administration (NHTSA)
  http://www.nhtsa.dot.gov/