Atlanta, Savannah, & All of Georgia

Starting January 1, 2013

As the New Year kicks off, partygoers busted for DUI may find that they have a few more options for places they are allowed to drive while using a limited permit and a slight reduction on their "hard suspension" times.

The Facts About The Law:

First time offenders over the age of 21 or "first in five years" offenders will be eligible for hardship permits that extend the types of locations they are allowed to drive.

As the law stated before Jan. 1, these limited permits allowed certain DUI offenders the ability to drive to school, work, doctors offices, support group meetings and DUI courses.

This new broadened license allows them to drive to their probation officer, attend court, and do work for community service.

Furthermore, drivers on this new expanded permit will be allowed to drive their family members who do not have a drivers license to school, work and/or to receive medical services and aid.

Beginning on Jan. 1, if a DUI offender has been arrested twice in the last 5 years, they will automatically serve a 120 day hard suspension for driving, and then will be allowed to apply for an ignition interlock limited permit.

Before receiving their limited permit, they must show the following:

1.      Certificate of eligibility for an ignition interlock limited driving permit from the court that sentenced the person

2.      Clinical evaluation completion and enrollment in substance abuse program approved by the Department of Human Services

3.      Completion of a DUI Alcohol or Drug Risk Reduction program

4.      Installation of an ignition interlock device in any vehicle that shall be used by the DUI offender

Were you hurt by a drunk driver?

While these new laws could potentially benefit drunk drivers, our law offices actively fight to protect those who may have been hurt in a drunk driver accident.

Gary Martin Hays & Associates actively supports Mothers Against Drunk Driving (MADD), encouraging the Georgia legislature to take a tough stance against drinking and driving.

It is important to maintain your right to full compensation from all sources by filing certain claims and notices in a timely manner. It is also imperative that a thorough investigation be undertaken as soon as possible to fully document the contributing factors.

The drunk driver put you in a tough position. Our experience can help you recover. Call today.

Every drunk driver accident victim has the right to see that the law is applied fairly to all, not just to big corporations and insurance companies. At Gary Martin Hays & Associates, we provide aggressive legal representation for personal injury victims. Contact us today for a free and confidential consultation: 1-800-898-HAYS.

The holidays are always a dangerous time for drivers because there are more people on the road and because far too many people have a few celebratory drinks and get behind the wheel. While police always make extra enforcement efforts over the holiday season to stop drunk and dangerous drivers, this year Georgia is placing even more emphasis on the importance of safe driving.

Our Atlanta car accident attorneys want to remind drivers of the increased dangers of holiday driving. We also want to urge drivers to stay safe, avoid drinking and driving and do everything possible to get through the holiday season without becoming the victim of a car wreck. With Georgia on track to have more accident fatalities this year than last, exercising caution is essential to staying safe.

Georgia On Track to Increase Accident Fatalities

According to WSAV3, law enforcement has made it a priority in recent years to enforce zero tolerance policies in an attempt to prevent drunk driving accidents over the holidays. This season, however, WSAV3 reports that there is an increased sense of urgency when it comes to preventing holiday crashes. Preventing accidents is especially important this year because the state is on track to have an increase in traffic accidents in 2012. This increase is the first time in six years that the number of auto accident deaths has increased.

According to the current data on car accidents in Georgia, if fatalities continue to occur in the state at the current rate, Georgia traffic accident deaths will exceed the 2011 rate of 1,226 car accident deaths. To prevent this from occurring, the Governor's Office of Highway Safety Patrol (GOHS) is taking extra measures to prevent holiday crashes.

In addition to their normal zero tolerance rules and increased police presence on key holidays, GOHS has also launched a public campaign called Operation Safe Holidays. The purpose is to remind drivers to be safe and not to drink and drive.

Staying Safe Over the Holidays

The increased risk of holiday auto accidents normally extends from the Wednesday prior to Thanksgiving straight through until January 2, with Thanksgiving eve and New Years Eve among the most dangerous days. During these key holiday times and throughout the holiday season, motorists should follow these safe driving tips:

• Don't go faster than it is safe to go given the current conditions. In some cases, you may even need to drive below the speed limit if the weather is bad or if there is lots of traffic. So you aren't tempted to speed, leave your home early with plenty of time to get to your destination even taking into account holiday traffic.
• Don't drive if you are too tired. If you are going to be traveling for long distances to vacation or see family, switch off on the driving or take rest breaks so you do not become fatigued.
• Take a designated driver with you every time you go out. If you are with friends, don't let them drink and drive. Parents should also remind teens that they can call for a ride at any time rather than get into a car with a drunk driver.

By following these safety tips and paying attention to the Operation Safe Holidays campaign, you can hopefully stay safe and avoid a devastating car accident over the holidays.

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

A DeKalb County police officer - a 26-year veteran - was recently killed in a hit-and-run accident while on duty, assisting a stranded motorist.
As our Atlanta car accident lawyers mourn alongside the rest of Georgia for this tragedy, we also know that police officers won't be the only ones at risk of such scenarios as we enter the holiday season.

According to the National Highway Traffic Safety Administration, Georgia has more than 6.5 million licensed drivers - with a large number of them planning to be on the road or on their way to the airport in preparation for the holidays. That doesn't include the unlicensed drivers who all too often take to the streets. Either way, there is a great deal of opportunity for cars to break down, and further for fatal accidents to occur as a result when so many people may be imbibing with alcohol to celebrate the holiday.

In 2010, the state reported a total of 1,244 traffic fatalities. That's a slight decline from the year before, when there were 1,292, but it is still far too many.

Among those fatal crashes in 2010, roughly a quarter involved alcohol - and that figure has remained unchanged since 2011. In fact, of the drivers whose blood alcohol level was tested after a fatal crash, 60 percent had been killed, and another 21 percent had been severely injured.

Twenty percent of the time, the people killed in those fatal DUI crashes were passengers and 15 percent of the time, they were pedestrians or bicyclists.

And it's not that Georgia drivers aren't being safe. In fact, the NHTSA reports drivers here had an observed seat belt use rate of nearly 90 percent in 2010. That's higher than a lot of other states throughout the country.

And indeed, the officer who was struck and killed by a hit-and-run driver recently in DeKalb was doing everything right. He was assisting a stranded motorist on North Hendry Boulevard - coincidentally, a roadside assistance worker. Witnesses said the officer's blue emergency lights could be seen for miles, so it was not as if a passing motorist would have simply not seen what he or she was approaching.

It was on a rural road, where he was struck so hard his gun was knocked out of his holster. The driver never even tapped the brakes.

Days later, police arrested a 43-year-old man from Stockbridge on charges of vehicular homicide, serious injury by vehicle, failure to maintain lane and hit-and-run.

But none of that can bring him back.

If you find yourself stranded in the midst of your holiday travel, here's what AAA recommends you do:

1. Take note of your vehicle's location. Specifically, know where you are in relation to major exits or cross streets and any major landmarks. You may need this information when calling for help.

2. Pull off the road. On most roadways, you should exit onto the far right shoulder as far off as possible while remaining on level ground. If you're on the interstate or a multiple-lane highway with medians, you may consider pulling onto the left shoulder, but make sure you are as far away from traffic as possible.

3. If you get out of your vehicle, proceed carefully and watch for oncoming traffic, particularly at night or bad weather.

4. NEVER stand directly behind or in front of your car. Other motorists might have trouble seeing you and you put yourself at risk of being hurt.

5. Turn on your emergency flashers, especially at night or during bad weather. Raise your vehicle's hood and if you have a brightly-colored scarf, tie it to the antenna or door handle.

6. Place flares or warning triangles to direct oncoming traffic away from your vehicle.

7. Communicate your situation. If you have a cell phone, immediately use it to call for help from inside your vehicle or a safe distance from the vehicle and the road. If you have to ask a stranger for help, do so through a cracked window and request that he or she call for emergency road service.

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

The National Safety Council is reporting more accidents occurred during the first 8 months of this year than during the same period last year. It's a trend that is of particular concern to safety advocates given that the last three months of the year are typically the deadliest on the nation's roads.

A total of 21,560 people were killed through August this year, up 7 percent from last year and 5 percent from 2010. Georgia traffic accidents claimed 761 lives through August this year, compared to the 722 motorists who were killed last year.

Atlanta personal injury attorneys understand an increase in the number of serious and fatal accidents has been expected as the economy continues to recover. More people working means more motorists commuting. And more families on weekend getaways or hard-earned vacations.

But the end of the year is a particularly tragic time for traffic accidents for a number of reasons. Understanding the risks, and discussing them with family, friends and loved ones, can go a long way toward keeping you safe during what should be the most joyous time of the year.

Teen Driving: The National Highway Traffic Safety Administration was among the organizations that opened October with a push to get teens and parents to better communicate about the importance of safe driving habits. Teens are more likely to die in a car accident than by any other means. Nearly 2,000 teenagers were killed and nearly 200,000 were seriously injured in traffic accidents in 2010. "Immaturity, inexperience, and a penchant for risk-taking are the major reasons for high crash and fatality rates among teen drivers," said NHTSA Administrator David Strickland. "In addition to comprehensive state graduated driver licensing systems and strong bans on teen cell phone use and texting while driving, parents who are involved throughout the learning-to-drive process are vital in creating safe and prepared young drivers."

Pedestrian & Bicycle Accidents: School is in session and the end to Daylight Savings Time is upon us. Making the afternoon commute at dusk increases accidents risks for everyone, but these risks are particularly acute for bicyclists and pedestrians.

Distractions: In recent months, safety advocates have grown nearly as concerned about walkers as they are about distracted drivers. Everyone needs to put the smartphones down and concentrate on getting where they are going in as safe a manner as possible.

Drunk Driving: From the beginning of football season, through the year-end holidays, the risk for drunk driving accidents is at its peak. Nationwide, more than 10,000 people are killed in an accident with a drunk driver. That's one death every hour -- making drunk driving a cause of one-third of the nation's fatal accidents.

Few of these accidents are truly accidents. By sticking to safety basics you can help ensure you and your family avoids a tragedy this holiday season.

If you've been injured, call the Law Offices of Gary Martin Hays & Associates. Call 1-800-898-HAYS for a free consultation.

COLUMBUS, GA - Northside High student, 16-year-old Hannah Gilmer was killed in a car accident on County Line Road back on June 15, 2012. According to police records, Hannah's 17-year-old boyfriend, Clayton Qualls, was driving her 2006 Toyota Scion under the influence of alcohol when he lost control of the car before spinning out, flipping the car several times and eventually striking a tree.

The accident occurred at a little after 11 o'clock on Friday night, June 15, 2012.

Ms. Gilmer was ejected from the car during the accident and, according to the accident report, neither of the teens were wearing their seat belts.

Qualls survived the accident but Ms. Gilmer was pronounced dead just after 1AM on June 16, 2012.

Clayton has been charged with numerous traffic charges, which include 1st degree vehicular homicide, DUI, and improper lane change. The underage drinking charges are not the first Qualls has faced. On June 4, 2012, he was arrested on charges of DUI under 21 and minor in possession of alcohol.

"My heart goes out to this young woman's family. This is such an awful tragedy. I know the family is suffering a tremendous loss," said attorney Gary Martin Hays.

This wreck really points out some important lessons for parents and their teenagers. "People should never get behind the wheel and drive a vehicle after they have been drinking, and in the case of this 17-year-old boy, he should never have been drinking at all." Hays stresses how important it is to talk with your children about the dangers of under age drinking.

It is also extremely important to remind people to always wear their seatbelts. According to the CDC, "Seat belt use is on the rise. Laws, education, and technology have increased seat belt use from 11% in 1981 to nearly 85% in 2010, saving hundreds of thousands of lives. Yet, about 1 in 7 people still don't buckle up."

Gary Martin Hays is a very active supporter of Mothers Against Drunk Driving (M.A.D.D) and has served on the state advisory council in Georgia. He has also sponsored a fundraiser for M.A.D.D , Strides for Change, in support of their mission.

If a drunk driver is negligent in causing an accident, their insurance company is responsible for compensating the victims of the accident. In a case such as this, the family may pursue a claim for wrongful death and seek punitive damages since the defendant was allegedly driving under the influence. Other parties that may be responsible for compensating victims could include an establishment that served alcohol to a visibly intoxicated individual or a homeowner who hosts a private party where the drinks/drugs were served.

Fatal accidents such as this can cause extreme emotional and financial stress. The unexpected loss and sudden grief can be devastating to the victim's loved ones. It is very important that families of the victims know that they have every right to seek legal advice and they may be eligible for financial compensation.

Here at the Law Offices of Gary Martin Hays, we have an expertly trained staff of professionals ready to assist you in your wrongful death claim. We have recently expanded our offices from Atlanta to Savannah, making our services available to all Georgia residents. Call us today for your FREE legal consultation: 1-800-898-HAYS.

It's an unfortunate but not uncommon scenario: a patron of a bar is assaulted and injured by another person. Under such circumstances, the injured person may have a right to sue the bar or property owner for what is known as "negligent security."

A negligent security case can be complex. Typically, an Atlanta negligent security lawyer will investigate any prior criminal assaults on the property. If there is a history of assaults on the premises, the owner of the business should have known to take extra security measures. The attorney typically will have access to an expert who can discuss any types of security measures that should have been in place at the bar.

At the Law Offices of Gary Martin Hays & Associates, our premises liability attorneys in Atlanta have experience protecting the rights of individuals who were injured due to negligent security. We have access to the experts who may be needed to prove that the owner was negligent.

Negligent security cases can be emotionally devastating for the victims. Some of these Atlanta inadequate security cases involve individuals who were sexually assaulted or violently attacked. While a bar can be a location for a negligent security case, victims can be injured just about anywhere, from malls, hotels, apartment complexes, schools and parking lots.

The following are examples of how a negligent security case may arise:

• Lack of security cameras, or malfunctioning cameras
• Poorly lit parking lots, garages, stairwells, etc.
• No security guards in an area with a history of criminal activity
• Inattentive security guards
• Unlocked gates, doors or windows

An assault or violent crime can happen anywhere. For example, you might expect to relax at an Atlanta hotel or resort. What unfortunately sometimes happens is that the management fails to hire sufficient security; they may fail to make sure hotel keys are kept secure; they may not have bothered to fix a broken window lock. Any of these factors can lead to tragic consequences. You or a loved one may experience a dangerous or deadly assault through no fault of your own.

The following are just a few places where an assault or sexual abuse can occur, leading to a potential negligent security case:

• Nursing home
• Bar or night club
• Elevator
• Stairwell
• Movie theater
• Bus
• College dorm or classroom

If you or a loved one was injured on someone's property, it's important to discuss your options with an Atlanta negligent security lawyer. You may be entitled to compensation for your losses. For a free consultation, call 1-800-898-HAYS. At the Law Offices of Gary Martin Hays & Associates, we have experience handling all sorts of Atlanta inadequate security cases. An attorney can provide the guidance you need if you were injured on someone's property through no fault of your own.

Think there are more fatal auto accidents in Atlanta than rural parts of Georgia? Think again. At the Law Offices of Gary Martin Hays & Associates, we recently learned that drivers in Atlanta are less likely to be in a fatal motor vehicle accident than the rest of the state. A study conducted by the Atlanta-based Centers for Disease Control and Prevention found the same to be true for the 50 largest U.S. metropolitan areas. These cities have fewer fatal auto accidents than the national average. But don't get too comfortable on the streets of Atlanta. The CDC report determined that more people died in Atlanta auto accidents than the national average.

The CDC based its findings on national motor vehicle accident data for 2009. That year, a total of 34,485 people died nationwide in auto accidents. That's 11.1 deaths per 100,000 people. In Atlanta, 64 people or 12.0 per 100,000 died in auto accidents that same year.

Such figures might seem frightening to Atlanta drivers. But compared to the rest of Georgia, Atlanta had fewer fatal auto accidents. In Georgia, 1,311 people - or 13.5 per 100,000 - died in auto accidents in 2009.

But no matter what the statistics, a serious accident can happen to anyone at any time. Just recently, a 59-year-old Atlanta woman died as a result of an auto accident that injured an Atlanta police officer. The fatal auto accident happened on Cascade Road in Atlanta while the police officer was responding to a call.

At the Law Offices of Gary Martin Hays & Associates, we understand the dangers drivers face every day. If you've been injured in an accident, allow a Georgia car accident attorney at our law firm to review your case with you. Even if your accident seems straightforward, there might be issues you haven't even considered, including whether to file an auto accident lawsuit in Georgia.

Atlanta may be safer statistically than the rest of Georgia. But accidents happen. Don't leave your future to chance. Take back control. Contact a Georgia auto accident lawyer who puts people first. Contact the Law Offices of Gary Martin Hays & Associates, P.C., 3098 Breckinridge Boulevard, Duluth, GA 30096.

According to a recent report by the Consumer Federation of America, accident injury victims are being cheated on insurance claims by a system that puts more money in insurance company pockets while short-changing injured consumers. Because there are so many types of serious injuries that occur in this country every year-from head or brain injuries and severe burns to broken bones and neck or back injuries-this issue affects millions of people.

Entitled "Low Ball: An Insider's Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims," the 23-page, in-depth report sheds light on what the CFA perceives as an industry-wide problem. Until the late 1990s, the process of assessing bodily injury claims for car, home or property insurance was based on the expertise of insurance claims adjusters, according to the report. But since then, computer-based systems have become the main method of assessment, which can be easily manipulated by insurers.

The reliable and experienced Georgia personal injury lawyers at the Law Offices of Gary Martin Hays encourage anyone who has been injured or who has an injured relative to read the CFA report. Though intended to alert regulators as to complexities in bodily injury assessment systems and ways insurers are using it to line their pockets, it provides valuable insights for consumers as well.

With a focus on medical evaluation software, the report details everything from how injury victim medical bills are manipulated by health insurers to ways accident victims are fooled into thinking they're responsible for part of their injury treatment costs. The CFA urges the national and state insurance regulators to improve procedures in order to ensure proper market conduct and oversight activities.

The core message to everyone-whether you were injured in a car accident, are dealing with a premises liability case from a parking lot injury or trying to file a nursing home injury claim-is to be aware that the insurance company may be trying to low-ball your injury insurance settlement so it can make more profits.

If you or a loved one suffered an injury of any kind, you need tough legal representation to make sure that you are not a victim of insurance company bullying and manipulation. Contact the reliable, aggressive Atlanta personal injury attorneys at the Law Office of Gary Martin Hays & Associates. Call us at 1-800-898-HAYS or fill out our online contact form today.

The Law Office of Gary Martin Hays & Associates, P.C.

3098 Breckinridge Blvd.

Duluth, GA  30096

A young person who is involved in a texting while driving accident in Atlanta or a drunk driving accident in Georgia won't get a do-over. They have to deal with the consequences, which often are tragic.

Technology, however, is giving young drivers a chance to experience the consequences of the choices they make behind the wheel - without the heartache of accidental death or serious injury.

A computer simulation program, called One Simple Decision, allows young drivers to see what happens in a crash while under the influence or while sending or receiving text messages. According to USA Today, the program is designed to modify driver behavior by combining simulated driving and interactions with police, judges, and emergency medical personnel. The program, created by Virtual Driver Interactive Inc., offers users an intense, 20-minute experience. They will deal with a real judge, sheriff's deputies and EMTs, according to USA Today.

As Atlanta personal injury lawyers, we have seen first-hand the devastation caused by negligent drivers. We welcome any effort to reduce serious car accident injuries and fatalities. According to USA Today, many advocacy groups around the country are turning to the driving simulation program.

The news article quotes a 19-year-old New York driver who experienced the simulation about a year ago. "It tells you to start texting, so I took out my phone and started texting," he said. "I ended up crashing into a stop sign and got into a head-on collision. It's crazy to see how easy it was."

The Law Offices of Gary Martin Hays has supported other efforts to reduce distracted driving. The federal government recently intensified its fight against distracted driving.  And the Centers for Disease Control and Prevention also released for the first time federal statistics on how pervasive distracted driving is among young people. A 2011 anonymous national survey of more than 15,000 high school students found that 58 percent of high school seniors admitted to texting or e-mailing while driving during the previous month, according to USA Today.

Many teenagers may not understand the potentially deadly consequences of texting while driving. The computer simulator and other efforts may serve as a much-needed wakeup call.

If you or a loved one was injured by a distracted driver in Atlanta, or a loved one was killed in an accident, contact an experienced personal injury attorney. Call 1-800-898-HAYS for a free consultation. There is no obligation. An experienced lawyer may be able to assist you.

Law Offices of Gary Martin Hays & Associates, P.C.
3098 Breckinridge Blvd
Duluth, GA 30096

Just how strict are the laws designed to prevent an auto accident in Georgia? Are they among the toughest in the nation? Or are they some of the weakest? A recent national safety study recently gave Georgia an average grade for injury prevention. On a scale of 10, Georgia received a score of six. The highest grade of nine went to California and New York. Montana and Ohio received the lowest grade of two.

The same study entitled "The Facts Hurt" also included each state's rank in a state-by-state analysis of injury fatality rates for 2007 through 2009. Georgia ranked 22^nd in the nation. A total of 61.4 people per 100,000 died due to a fatal injury during that time period. New Mexico had the highest injury fatality rate nationwide, with 97.8 deaths per 100,000 people.

"Seat belts, helmets, drunk driving laws and a range of other strong prevention policies and initiatives are reducing injury rates around the country," Amber Williams, Executive Director of the Safe States Alliance, said in a recent article focusing on "The Facts Hurt" report.  "However, we could dramatically bring down rates of injuries from motor vehicles, assaults, falls, fires and a range of other risks even more if more states adopted, enforced and implemented proven policies.  Lack of national capacity and funding are major barriers to states adopting these and other policies."

Georgia drivers face a wide range of hazards on the road every day. Recently, a mother and daughter died in a fatal Macon, Ga. auto accident when the vehicle they were riding in collided with a train shortly before Memorial Day, according to 41nbc.com.

At the Law Offices of Gary Martin Hays & Associates, a Georgia car accident attorney at our law firm can work with you and design a strategy suited for your specific legal needs.

Georgia has unique laws governing auto accidents. That's why you need a skilled lawyer who knows our state's legal system and can help evaluate your case to determine the best course of action, including whether to file an auto accident lawsuit in Georgia.

Serious accidents demand serious attention. This may be your only opportunity for justice. Seize it. Contact a Georgia auto accident lawyer who will fight for your rights. Contact the Law Offices of Gary Martin Hays & Associates, P.C., 3098 Breckinridge Boulevard, Duluth, GA 30096.