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Drivers are expected to obey the rules of the road and behave with reasonable care. Unfortunately, many motorists drive even when they know that there is something preventing them from being safe behind the wheel. Some motorists choose to operate their vehicles despite serious mechanical problems with the car while others have a physical or mental impairment and decide to drive anyway. 

If a driver operates his vehicle when it is unsafe, he can be considered negligent and held responsible for any accidents he causes. A personal injury lawyer can represent victims of motor vehicle collisions caused by negligent drivers.

Motorists Who Drive When They Shouldn't

A recent survey of 2,000 drivers, of these motorists, 46 percent admitted to driving at least once or twice despite knowing that it was not a good idea to get behind the wheel. Eleven percent admitted they'd driven when it wasn't necessarily safe somewhere between three and ten times and three percent said they had gotten behind the wheel despite safety concerns more than 10 separate times.

There were a lot of potential reasons drivers cited for being concerned about their ability to drive safely. The motorists who were concerned about driving said that the problem that caused their concern included:

• Drowsy driving, which was the problem faced by 68 percent of drivers.
• Having a headache, which was the problem faced by 53 percent of drivers.
• Being sick enough that they should stay in bed, which was the problem of 35 percent of drivers.
• Consuming alcohol, which was the problem of 23 percent of motorists who said they drove because they were not as drunk as a friend.
• Driving without glasses or contacts, which was the problem of 16 percent of drivers who said they needed vision correction.
• Having their arm in a cast, which was the problem of eight percent of respondents.

Some motorists also reported mechanical problems that had them questioning the safety of the drives they took. Of the drivers who had mechanical issues:

• 61 percent drove with a check engine light on.
• 32 percent drove when their windshield was blocked by snow and ice.
• 26 percent drove with windshield wipers that were not working.
• 21 percent drove with a broken speedometer.
• 19 percent drove with a horn that did not work.
• 18 percent drove with headlights that did not work.
• 17 percent drove with a flat tire.
• 10 percent drove despite having a door that had to be held closed.
• Seven percent drove with a child and no required child seat.
• Six percent drove despite their car being filled with exhaust fumes.
• Five percent drove without a driver's seat or with a seat that was broken.

These motorists endanger themselves and others. Most said that they drove despite the risks because they had to go home; get to work; pick up their kids or go to a doctor. The bottom line, however, is that there is no excuse for driving when faced with safety concerns.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS to schedule a free consultation.

Driving with your pet in the car may seem harmless, but the reality is that you put yourself, your animal and other motorists at risk. If you have your pet in the vehicle with you, your dog needs to be restrained for his own safety as well as to avoid increasing the risk of a dangerous accident. 

Pets can turn into projectiles if a collision occurs, and pets can also be a major distraction and increase the risk of an accident happening. If you are involved in a collision with someone who was distracted by a pet in the car, you should consult with a personal injury lawyer for information about making a car accident claim.

The Risks of Driving with Pets

AAA Pet Spot provides some important information about driving with a pet in the car. According to a survey of pet owners, 65 percent of pet owners who took their dog in their vehicle had engaged in at least one distracting behavior while their pet was in the car, although only 29 percent admitted they were distracted by the animal.

Distracting behaviors included petting their dog while driving, which 52 percent of respondents said they did. A total of 17 percent of drivers said they let their pet sit in their lap while operating their vehicle, and 13 percent said that they had given food or treats to their dog as they drove. Finally, four percent of drivers said that they had played with their dog as they were operating their vehicle.

When dogs go in the car, many of them are not restrained. A full 84 percent of survey respondents said that they had taken their dog on a variety of different car trips including running errands and going on leisure trips. Despite this, only 16 percent had any kind of pet restraint system that they used in their vehicle.

As Esurance points out, an unrestrained dog could not only be killed in a collision but could also seriously injure or kill others in the car at the time. A 10-pound dog that is not restrained could generate as much as 500 pounds of force if he is in a vehicle that crashes while the car is traveling at 50 miles-per-hour. If the dog weighs 80 pounds, the animal can generate 2,400 pounds of force even in a slow-moving crash where the vehicle is traveling only 30 miles per hour.

Drivers with pets need to be aware of these dangers. Keeping their animal restrained can both prevent distractions and ensure that a dog doesn't fly around a car when a crash happens. There are different types of pet restraints that can be used in the car including a pet crate and special pet seat belts. Human seat belts should not be used to try to restrain pets as this can be dangerous and ineffective.

Drivers who plan to travel with their pets need to be aware of the risks and should ensure they are taking precautions to keep their animals, and themselves, safe.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit https://www.garymartinhays.com to schedule a free consultation.

April is Distracted Driving Awareness Month, and as part of a collaborative effort, the Georgia Trial Lawyers Association, the Georgia Department of Highway Safety and retired NBA player Shaquille O'Neal have teamed up to educate young drivers of the potential dangers.

Distracted driving car accident lawyers in Atlanta believe this is an excellent time of year to drive home the point, given that graduation and summer break are right around the corner.

The "Ghost Out" program features a series of reenactments, speakers and presentations designed to let teen drivers at Georgia high schools know that every second they are distracted behind the wheel creates the potential for a fatal crash.

Study finds 1 in every 4 accidents involves cell phone use

According to the National Highway Traffic Safety Association, accidents involving distractions account for nearly half of all roadway fatalities, or about 5,000 annually. Distractions can also be blamed on approximately 450,000 injuries each year.

Another recent report from the National Safety Council indicates that 1 of every 4 wrecks can be attributed to cell phone use. Interestingly, only a small portion of those are blamed on text messaging, though teens are more prone to texting than other drivers.

What is especially scary about this revelation is the fact that most people don't view talking on the phone as being especially dangerous. This kind of faulty thinking is perpetuated by the fact that while all states have some form of text messaging ban, none ban talking on a phone for all drivers. What's more, none forbid hands-free cell phone devices, despite the fact that research has proven they are equally as dangerous as handheld devices.

In Georgia, all drivers are forbidden from text messaging, and it's considered a primary offense, meaning officers can pull over a driver solely for violation of this statute. However, only school bus drivers and those drivers under the age of 18 are banned from talking on a phone while driving.

Perhaps it's no wonder, then, that the latest NSC research found that 80 percent of drivers believe that hands-free cell phones are safer. This is despite the fact that more than 30 studies in recent years have proven that when it comes to the level of distraction, hands-free devices affect the brain the same way as handheld cell phones.

Research suggests driving distracted more dangerous than drunk driving

Here's another reality of which many teens may not be aware: Researchers with the University of Utah recently found that drivers who were using their cell phones actually had slower reaction times than those who had a blood-alcohol content of 0.08 percent. While it may take a drunk person hours to sober up, a person on a cell phone can immediately eliminate the risk by simply hanging up.

Meanwhile, those who drive drunk are hit with heavy fines and penalties, while those who are caught driving while distracted are treated far more leniently.

New drivers especially need to be taught that just because the law hasn't quite caught up with the research doesn't mean that talking or texting on a phone is any safer or better than driving drunk.

Traffic crashes are the No. 1 killer of teens in Georgia, claiming some 175 young lives in this state annually and injuring countless other young motorists.

Largely, these incidents are preventable. To learn more about initiating a Distracted Driving Family Contract with your teen, visit the the NSC's website here.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS to schedule a free consultation. 

If you are among the 10 to 15 percent of people who suffer from chronic insomnia, sleeping pills may seem like the answer to your prayers. Unfortunately, these medications may significantly increase the risk of becoming involved in a motor vehicle collision. In fact, one recent study showed that a person who filled a prescription for a sleep aid at a pharmacy had double the risk of a traffic collision within the first week. 

The risk of a collision caused by sleeping pill use is not uniform among all drivers. People who are on multiple different types of medications and people who are over the age of 80 may be in the greatest danger of being involved in a collision. Innocent victims could also be harmed by an accident that is caused by a motorist impaired by sleeping pills. Those harmed in an accident should contact accident attorneys in Atlanta for information about their right to pursue a claim for damages.

Are Sleeping Pills Putting Your Life At Risk?

Sleeping pill use has increased dramatically. A decade ago, around two percent of the U.S. population took a prescription sleeping pill. Now, 3.5 percent of the population is on some type of sleep aid. This amounts to about six million people who use "z-drugs" including zopliclone, zolpidem, nitrazepam and flunitrazepam.

Sleeping pill use is especially common among people who have other physical or mental problems in addition to insomnia. For example, anxiety, depression, bipolar disorder and other types of mental illnesses can also affect sleep patterns and can thus necessitate a prescription for a medical solution.  Physical ailments such as arthritis can also result in sleep trouble, especially for seniors. This helps to explain why around five percent of people over the age of 80 are on sleeping pills. Seniors have actually become the heaviest users of sleep medication.

This is bad news for road safety for many reasons. First, people who suffer from insomnia along with other physical problems are more likely to be on multiple sedating medications. Second, people over the age of 80 are already at greater risk of motor vehicle collisions due to age-related declines in vision and in cognitive function. The use of sleeping pills exacerbates these problems and makes elderly motorists even less safe at a time when 500 seniors per day are already injured in collisions.

The number of people on multiple sedating medications is very high. One recent study showed that 55 percent of people taking sleeping pills were also on other drugs that had a sedating effect, including opioid pain killers or Xanax, Ativan and other benzodiazepines.  As many as 10 percent of people were taking three or more sedating drugs.

Drivers need to ensure that they do not put themselves at risk of accidents with the drugs that they are taking. Roadwise RX can be used to enter your medications and obtain confidential information about how the drugs you take will impact your ability to safely drive.

Accident attorneys in Atlanta can help after a car accident. Call Gary Martin Hays at 1-800-898-HAYS to schedule a free consultation. 

When Hurricane Katrina destroyed the beach house of U.S. Senator Trent Lott, he was dismayed that State Farm Insurance denied his claim. The Senator eventually settled with the insurance company, but his experience caused him to turn against the industry and he sponsored legislation requiring insurance companies to provide "plain English" summaries of what policies actually covered. 

Homeowners' insurance companies aren't the only ones that don't pay as promised. Auto insurers, health insurance companies, and long-term care insurance providers are among the companies that treat claimants unfairly and that try to get away with paying out as little as they can.

Unfortunately, most people who have legitimate claims denied by an insurance company don't have the power to go after the insurance industry with new laws. The only options you have to protect yourself when dealing with an insurer after an accident are to know your rights and to get a lawyer. An experienced Atlanta accident lawyer can stand up to the insurer on your behalf.

How Insurance Companies Avoid Paying After Your Accident 

A recent report from the American Association for Justice shows the lengths that insurance companies will go to in order to avoid paying out claims.

One insurance company denied coverage for a 60-year-old policyholder injured in a motor vehicle collision. The policy provided $2 million in damage coverage and the claimant had suffered serious injuries including a collapsed lung and broken bones. The injuries occurred when the driver of a pickup truck crossed into her lane. The insurance company, however, denied the claim and said it was not an accident. The collision was not covered because it was caused by "road rage."

This is just one of many examples of a situation where insurance companies used tortured logic to avoid paying a claimant. Denying claims is standard practice for many major insurers, including Allstate which had a three part claims handling processes dubbed the "Three D's" by employees.

Allstate's "Three D's" stood for delay, deny and defend. Delaying can be just as useful a tactic as denying claims. For example, for some long-term care policies, insurance companies deny claims and avoid paying until the covered policyholder has died. For auto insurance claims, delaying payment could leave a seriously injured person with no income if he cannot work and with mounting medical bills. Desperate to get at least some money coming in, the victim might be tempted to accept even really low settlement offers.

Defend, of course, stands for aggressively litigating cases. Allstate is not the only one that does this. AIG is known for fighting even really mundane claims in court and tying them up for years.

Employees at these insurance companies are encouraged to go along with this and to help the insurers deny legitimate claims. In fact, many insurance companies throw pizza parties and give gift certificates or other incentives for keeping payout rates low.

It is the injured victims of motor vehicle accidents and others who make insurance claims who suffer as a result.  An attorney can help to stand up to the insurer, and victims of collisions should not sign any paperwork or agree to a settlement until they talk to a lawyer.

An Atlanta accident attorney can help after a car accident. Call Gary Martin Hays at 1-800-898-HAYS to schedule a free consultation. 

On one Atlanta weekend early in November, four motorists were killed in separate auto accidents that occurred throughout the greater Atlanta metro area. According to the Atlanta Journal Constitution, the crashes occurred in Clayton, Cobb and Fulton counties.

One of the deadly crashes occurred at an intersection at 1:30 a.m. on a Sunday in mid-November, resulting in the death of a passenger in one of the vehicles. Another occurred when a garbage truck rolled over while exiting I-75 Southbound. Finally, the last accident occurred on I-85 when a 20-year-old was killed after the driver of the vehicle he was in pulled over because one person in the car was trying to climb out of the vehicle. The young passenger got out and walked into traffic, where he was struck and killed.

An experienced car accident lawyer in Atlanta knows that deadly accidents happen far too often in the city. But this series of crashes over one weekend shows just how devastating bad driving decisions can be. It is important for every motorist to learn from these four deadly accidents and to make a commitment to practicing safe behavior as both a driver and a passenger in a vehicle.

Dangerous Driving Behaviors to Avoid

The four deadly accidents involved many different high-risk situations and risky behaviors. Crashes in the middle of the night, for example, often occur because of reduced visibility, because drivers are intoxicated or because drivers speed too quickly around curves and lose control of the vehicle. The cause of the 1:30 a.m. accident is not yet known, but investigators have indicated they will be returning to the scene to identify who is at fault for the death.

The Atlanta garbage truck accident caused by the garbage truck rolling over was a crash that likely occurred as a result of intoxicated driving. A bottle of vodka was found at the accident scene and a subsequent article in the Atlanta Journal Constitution indicated that the 56-year-old driver was charged with first-degree homicide for driving under the influence, failure to maintain his lane, and reckless driving. Driving while intoxicated is especially risky for commercial motorists who are in control of large vehicles that are prone to rolling over. This is why the legal limit for commercial drivers is just .04, half of what it is for other motorists. Still, every driver could potentially be injured or killed if he chooses to operate a vehicle when drunk.

Finally, the last accident shows the importance of being safe even as a passenger in a car. Doing risky things to distract the driver is likely to result in a crash. Drivers who are stopped at the side of a busy road also need to be extremely careful and avoid getting out of their vehicles if there is a chance they could be hit by oncoming traffic.

By taking the lessons from this deadly weekend to heart, hopefully future accidents can be prevented.

If you have been hurt in a car accident, contact Gary Martin Hays & Associates at 1-800-898-HAYS. Attorney is not the author of this blog.

In late August, Allstate Insurance Company released its ninth annual "Allstate America's Best Drivers Report." The report takes a look at the 200 largest cities in America and ranks them in term of the frequency of auto accidents in order to identify which city has the safest - and the least safe - drivers.

Unfortunately, as car accident lawyers in Atlanta know, Atlanta is not an especially safe city for motorists. The most recent list proves this, as Atlanta fell further on the list of cities.

Atlanta Becoming Less Safe For Motorists

Allstate publishes its report on the best drivers by reviewing Allstate claims data from cities throughout the United States. Because approximately 10 percent of all car insurance policies in the United States are issued through Allstate, this report is believed to be a realistic snapshot of the safety of America's roads in the 200 major cities included in the report.

Actuaries with the insurance company have developed an in-depth method of analyzing claim data to determine the likelihood that a driver in each of America's 200 largest cities will become involved in a car accident. The likelihood of a crash is compared to the national average and the cities are compared to each other. A weighted average of two-years of claims is used to determine the percentage chance of a crash, which is defined as any collision that results in a damage claim.

Unfortunately, the data shows bad news for Atlanta residents. In the survey published in 2012, Atlanta was the 161st safest city in the United States out of 200 cities.This year, Atlanta fell to the 164th safest city.

The low ranking is based on the fact that drivers in Atlanta typically go an average of 7.7 years between car accidents. This is 30 percent shorter in duration than the national average. It also means that car accidents are much more frequent than in the safest city, Fort Collins Colorado, where the average years between collisions for drivers in the area is 13.9 years.

Drivers in Atlanta can clearly do better and Allstate provides some tips for motorists in big cities to try to reduce the risk of accidents and be safer on the roads. Allstate's tips include:

• Leaving plenty of time to reach your destination, even with the traffic that you are likely to encounter.
• Planning ahead and finding out what is going on in the city, such as events that could add to traffic or accidents that could result in a closed road or slow passage.
• Remaining alert while driving to ensure you can stop or slow down for pedestrians or other obstacles that you encounter as you travel.
• Reviewing directions to your destination in advance and pulling over if you get lost, rather than getting stressed while driving or looking away from the road at a map or GPS.

Hopefully, if Atlanta drivers follow some of these tips, the city can move up in the rankings for next year and be a little safer for motorists on the road.

If you have been hurt in a car accident, contact Gary Martin Hays & Associates at 1-800-898-HAYS. Attorney is not the author of this blog.

According to My Fox Atlanta, a car accident in mid-July resulted in three deaths and six injuries after several cars were pinned beneath a tractor-trailer.  The accident occurred at approximately 1:00 a.m. on Friday night and involved the tractor-trailer as well as a pick-up truck, a Jeep and a Ford Escape.

Reports from the initial investigation conducted by the police indicated that the crash may have started after the pickup truck made a left turn and collided with the tractor-trailer, which was going in the opposite direction.  The tractor-trailer rolled over in the accident, pinning two cars beneath it.  Our Atlanta truck accident lawyers know that whenever a truck is involved in an accident, rollovers are likely to occur. Unfortunately, these rollovers can be extremely dangerous or even deadly, especially when vehicles are in close proximity at a busy intersection.

Drivers Involved in Tractor-Trailer Crash

The accident took place in Georgia Highway 365 in Gainesville, closing northbound lanes on Highway 364 for almost nine hours.  It allegedly began when the pickup truck driver turned left into the path of the truck.  The tractor-trailer was carrying frozen chicken products.

The driver of the pickup truck that collided with the tractor-trailer was killed. The passenger in his pickup truck was also killed.  Two other vehicles subsequently became involved in the crash, becoming pinned under the tractor trailer when the accident caused it to roll over.

Tractor-trailers, like all trucks, have a high center of gravity. This can make the trucks more likely to roll over, especially when drivers are speeding, going around curves or- as in this case- involved in an accident.  Factors such as a heavy or unbalanced loads can also make a tractor trailer more likely to flip over, although there is no reported evidence at this time indicating that the tractor trailer here was not correctly loaded.

Unfortunately, when trucks and tractor-trailers do roll over, it is not uncommon for cars to be pinned underneath.  These vehicles tend to be very large and when they tip, any other cars in close proximity could become caught underneath. This could do devastating damage to the vehicle and potentially cause serious or fatal injury to all drivers and passengers involved.

In this case, the accident happened at a very busy intersection, which meant that it was even more likely that cars would end up being crushed by the rollover. When vehicles are in close proximity with no place to go, the chances are high that a truck rolling over will endanger them.

For those who were affected by the rollover and who sustained injury, it may be possible to take legal action. In this case, it was the tractor-trailer that caused injury.

However, the underlying crash may have been caused by the pickup driver and the tractor-trailer driver may have done nothing wrong. This means that there are complicated issues of liability regarding who is to blame. Potential defendants in an injury lawsuit could include the pedestrian, the pickup driver, the tractor-trailer driver or the company that employs the tractor-trailer driver. But injured victims will need to show that something went wrong or that the defendant was negligent in order for the victim to be compensated.

If you have been injured in an Atlanta truck accident, contact Gary Martin Hays & Associates at 1-800-898-HAYS.

Early this July, a tragic accident occurred on I-75 in Georgia, when a pedestrian was hit by a car. Unfortunately, this lead to multiple vehicles becoming involved in a pile-up.  Conflicting reports indicate that there were between five and seven vehicles involved, while 11 Alive indicates that there were multiple people injured including at least one critical injury.  

Our Atlanta accident lawyers know that multi-car pileups often raise many complex legal issues regarding who was to blame for the accident. In this case, however, the investigation of the crash has been further complicated by the fact that many drivers are alleged to have broken the law.

Multi-Car Pileup in Georgia Caused by Dangerous Choices

According to 11 Alive, the recent multi-car pileup occurred at approximately 4:30 in the morning on the fifth of July.  A pedestrian was on I-75 and was hit by a motorist. The pedestrian reportedly faces a charge of pedestrian in the roadway.

When the pedestrian was hit, multiple other vehicles also become involved in the accident as well. Multi-car pileups typically happen when other drivers come upon an accident scene and are not able to react in time to avoid becoming involved in the crash themselves. These accidents are more likely to happen when visibility is compromised, such as during bad weather or when it is dark out. If drivers are not paying attention or are impaired, then multi-car pileups are also more likely to occur.

An investigation into the accident has revealed that the pedestrian was not the only one who may have been breaking the law in a way that contributed to this multi-car pileup. Five of the drivers who were involved in the crash have reportedly been charged with driving under the influence (DUI) in relation to the accident.

These drivers may have been consuming alcohol to celebrate the Fourth of July, as this holiday is a popular drinking day each year, resulting in an annual increase in DUI accidents.  If law enforcement is able to prove that these drivers were over-the-legal limit, then the drivers could face jail time and other criminal penalties.

For accident victims involved in the crash, the multiple potential drunk drivers coupled with the fact that a pedestrian started the chain of events raises many different complications. Those involved in a car wreck or pedestrian accident may normally take legal action against the person who was responsible for causing the wreck to occur. In this case, there may have been lots of drivers engaged in dangerous or risky behavior who could potentially be liable for damages.

In cases where it is unclear how an accident happened, law enforcement will generally conduct an investigation to try to get to the bottom of the issue.  Injured accident victims who wish to pursue legal claims for damages may also consider working with an accident reconstruction expert who can evaluate evidence and help them to recreate the timeline for the crash to shed light on who was at fault.

If you have been injured in an Atlanta car accident, contact Gary Martin Hays & Associates at 1-800-898-HAYS.

So you've been hurt in a car wreck here in Georgia and it was not your fault.  The insurance company reluctantly agreed to pay to have your car repaired.  You have been going to your doctor for medical treatment, and your health insurance company has been paying the bills.  Surely this is a claim that you can handle on your own against the insurance company and their lawyers, right?

There are far more landmines in your claim than you might realize.

Here are 15 questions that may make you reconsider taking on the insurance company by yourself:

• Are you getting a fair settlement?
• Will you have to repay your health insurance for any amount that they paid to your health care providers?  If so, how much?
• Does the settlement leave open the possibility that their insured could come after you for any damages or injuries sustained in the wreck?
• Do you know if you have to send an "ante litem" notice to the Defendant before you can proceed with your claim?
• Do you really have a full understanding of what the future may hold for you medically?  And did you get a report from your treating physician(s) to include in your demand package?
• If the claim does not settle, have you irreparably damaged your claim to a point where no lawyer wants to step in and handle it for you?
• Will you know what to do if the insurance company is taking their time getting back with you, or worse yet, completely ignores you?
• Do you have the time to collect, decode, and understand all of your medical records from all of your health care providers?
• Are you available at all times during the work day to make calls and wait for return phone calls from the insurance company or your doctors?
• Will you know how to secure eyewitness statements?  What if you can't locate that witness?  Do you have the ability, time or resources, to locate him/her?
• Are you comfortable talking with your employer or HR department to get the lost wage information - in a form that the insurance company will understand and not question?
• What if they ask you to sign a medical authorization that allows them access to your entire medical history?
• What if the at-fault driver had no insurance - or not enough?
• What if you are asked to go to a medical appointment to meet with one of the insurance company doctors?
• Do you have the time, the temperament, the patience, the knowledge to handle this claim on your own?

Getting back to the original question... should you hire an attorney?

Not all cases are the same. The best advice we can give you is to talk with an EXPERIENCED personal injury attorney about the facts of your claim.

Here at The Law Offices of Gary Martin Hays & Associates our Georgia accident lawyers focus on Personal Injury claims and that gives us the best chance of helping you with the intricate details of your case. Call now for your free consultation at (770) 934-8000 or toll free - 1 (888) 934-8100 or contact us via email: the initial consultation is free.