Atlanta, Savannah, & All of Georgia

Elderly Woman Dragged by MARTA Bus: MyFoxATLANTA.com

A woman was injured after her arm was stuck in the door of a MARTA bus and she was dragged about 63 feet on May 8, according to the Atlanta Journal Constitution.

Bus driver Belinda McMillan, 52, was arrested and charged with reckless conduct in connection with the Atlanta bus accident. Witnesses  told Atlanta police that McMillan drove away after the incident, which occurred at Joseph E. Boone Boulevard and Mayson Turner Road in northwest Atlanta, according to the AJC.

The victim was identified as Lettie Robinson, 62, who was exiting the bus and turned to retrieve her purse from inside the bus. The front door then closed on her arm and the bus began moving, dragging Robinson, police told the AJC.

Bystanders tried to alert the driver, according to news reports. A witness apparently drove in front of the bus to stop the bus. The bus driver stopped and opened the door. The victim fell to the ground and rolled in front of the bus, police told the AJC.

Police said the woman, who uses a walker, sustained a broken arm and cuts on her legs and head. She was transported to Grady Memorial Hospital for treatment.

The driver was placed on administrative leave while MARTA conducts a full internal investigation, according to the Journal Constitution.

"The allegations in this incident are extremely serious," said Atlanta personal injury lawyer Gary Martin Hays. "MARTA has a duty to ensure safety and security of all passengers. We hope this incident is fully investigated and proper action is taken to make sure such incidents do not happen in the future. Hopefully, the passenger who was injured makes a full and speedy recovery."

One school bus rear-ended another school bus in Norcross on April 25, which resulted in about 10 students apparently sustaining minor injuries.

The students, who were treated at the scene, complained of back pain and other injuries, according to a report in the Atlanta Journal Constitution. The driver of the bus, whose name was not released, was cited by police for following too closely. The driver was treated for minor injuries at Gwinnett Medical Center in Duluth.

Gwinnett County Public School officials are investigating the school bus accident in Norcross, which involved a special needs school bus bound for Camp Creek Elementary School. The bus was rear-ended by a Lilburn Middle School bus carrying 38 students, the AJC reported.

School officials relieved both school bus drivers of their duties, which is district transportation protocol, according to the AJC.

Rear-end accidents are among the most common types of traffic accidents. In some cases, a driver may be distracted and take his or her eyes off of the road. As this case illustrates, police say the driver was following too closely, which also is a common cause of rear-end accidents in Georgia.

"Whether you're a bus driver, a truck driver or someone who is on their way to work or the grocery store," said Georgia personal injury lawyer Gary Martin Hays, "you should always keep a safe distance behind the vehicle in front of you. Following too closely, which is the cause of many accidents, poses a real threat. Hopefully all of the injured students will make a full recovery."

Attention Georgia drivers. What do auto accidents, the unemployment rate and the number of uninsured drivers have in common? More than you might think. Each time the unemployment rate goes up 1 percent, the number of uninsured drivers increases by an estimated 1 percent, a recent study reports.

What would you do if an uninsured motorist hit your vehicle in Georgia? You need a determined car accident lawyer in Georgia on your side. You need the Law Offices of Gary Martin Hays & Associates. Serving clients in Atlanta and throughout Georgia, our experienced auto accident attorneys in Atlanta, GA can give you the attention you rightfully deserve. Allow us to help you get your life back on track. Contact an auto accident lawyer in Georgia with years of experience standing up for clients. Contact the Law Offices of Gary Martin Hays & Associates.

Georgia's unemployment rate remains above the national average. According to the latest statistics, the state's unemployment rate is 9.8 percent compared to 9.2 percent nationwide. Both figures have declined in recent months but they're still nearly double what they were just two years ago.

An estimated 1 in 7 drivers have no auto insurance. That's 14 percent! Car accidents involving uninsured motorists can be extremely complicated.  Insurance companies can sometimes be unresponsive. The uninsured driver who caused the accident may even try to claim you're at fault!

Serious accidents demand serious attention. Take back control. Contact the Law Offices of Gary Martin Hays & Associates. Our lawyers have years of experience helping drivers injured by uninsured motorists. We're prepared to do whatever it takes to resolve your accident with an uninsured motorist and get you the money you rightfully deserve.

The Law Offices of Gary Martin Hays & Associates. We're on your side.

By JIM DANKO

A newlywed wife died in a semi truck accident in Atlanta when the 18-wheeler apparently changed lanes and clipped a car driven by the woman on April 24.

The woman who died was identified as Danielle Holly, 21, of Woodstock, Georgia, according to news reports. Some reports are identifying the woman as Danyal Holley. Her husband, whose name was not released, was transported to the Grady Memorial Hospital and treated for his injuries.

Police charged truck driver Jack Parsons with second-degree vehicular homicide and improper lane change.

A police spokeswoman said that the tractor-trailer driver was trying to change lines and did not see the Nissan in the blind spot. The Nissan Sentra was struck by the truck and flipped onto its side.

The accident prompted police to shut down the southbound lanes of Interstate 285 four several hours. According to MyFoxAtlanta.com, the accident occurred on the west side of I-285, just before the MLK Boulevard overpass.

Truck drivers may be negligent if they fail to check mirrors and cause an accident. It's important for drivers to be mindful of other traffic as they make lane changes.

"The death of this young woman is a terrible tragedy.  This wreck should serve as a reminder to all drivers about the importance of checking mirrors and using turn signals when making lane changes. For truck drivers, this is especially crucial due to the size of their rigs. Even a 'minor' error by the driver can have devastating consequences."

-Gary Martin Hays

Atlanta has received much more snow than usual this winter. In January alone, one storm dropped more than 8 inches of snow, significantly more than Atlanta's average annual snowfall of 2.9 inches per year, according to data gathered between 1971 and 2000. And with all that snow comes all sorts of problems, including dangerous sidewalks.

Atlanta dangerous sidewalks often result in slip and fall accidents. If you were injured, you need an Atlanta lawyer who can protect your rights. Don't hesitate to contact an experienced Atlanta attorney with our firm.

As snow and ice build up on sidewalks, walking on them becomes more and more hazardous. Most people shovel their sidewalks. But some property owners leave sidewalks covered with snow and impossible to walk on. As a result, people are forced to walk in the street, often times resulting in pedestrian accidents. At the Law Offices of Gary Martin Hays & Associates, P.C., an Atlanta, GA, attorney is ready to put experience and resources to work for you.

Atlanta slip and fall accidents have become a serious risk this winter. And the consequences can be serious. Each year, slip and fall accidents cause more than one million injuries and kill more than 17,000 people nationwide, according to the Centers for Disease Control and Prevention.

Atlanta slip and fall accidents demand serious attention. Have you been injured on a dangerous sidewalk? Unsure what to do? Confused? Scared? Don't be a victim. Fight back. Contact the Law Offices of Gary Martin Hays.

When you choose Gary Martin Hays, you get an Atlanta law firm that thoroughly understands Georgia's complex legal system. Our experienced attorneys know what it takes to win dangerous sidewalk cases throughout Georgia. Choose a law firm that knows how to get results: the Law Offices of Gary Martin Hays.

Each year, there are more than 300,000 car wrecks in Georgia. In 2006, the number reached over 340,000. While this number encompasses all types of crashes, from minor fender-benders to major collisions, these accidents often result in serious damage to the vehicles involved.

Even though some people may decide to pay for the damage to their vehicles out-of-pocket rather than go through the hassle of dealing with an insurance company, many more will have no choice but to file a claim with their insurer or the at-fault party's insurance company in order to have their vehicles repaired.

Mabry and Diminished Value

What many people are not aware of, however, is that under their Georgia auto insurance policies, they may be entitled to recover not only repair costs, but also for the diminished value of their vehicles after repair.

In a 2001 Georgia Supreme Court case, State Farm Mut. Auto. Ins. Co. v. Mabry (274 Ga. 498), the court stated that an insurance company's obligation to pay for loss includes the duty to pay for the vehicle's lost value, otherwise referred to as "diminished value" or "diminution in value," so long as the vehicle was not a total loss. The court recognized that even if a vehicle that has been damaged in an accident is perfectly repaired, the value of the car may not be the same, particularly when the car owner attempts to sell or trade the car at a later date.

Once an accident is reported, companies like CarFax attach information to the vehicle identification number (VIN) alerting anyone who accesses the public site that the car has been in an accident. It is routine for auto dealerships to pull up CarFax and similar reports before buying a used car or taking a trade-in - and lower their offers based on the information in the report. Depending on the make, model and age of the vehicle, some cars may diminish in value by as much as 25% after an accident; luxury vehicles may lose up to 50% of their value.

Thus, in Mabry, the court held that the difference in the car's pre-accident and post-accident value is part of the loss calculation insurance companies must determine. Insurance companies should determine this loss at the time they assess the damage to the vehicle and the cost of repairs. If it is determined that the car's value has been diminished by the accident, the insurance company is required to compensate the vehicle owner for this loss as part of the property loss claim.

Georgia Penalties for Failing to Pay Claims

While the Mabry court gave Georgia policyholders the right to recover the diminution in value of their vehicles after an accident, the court did not announce any standard formula the insurance companies are required to use to determine the loss in value. This has resulted in some insurance companies' offering pennies on the dollar for diminished value, cheating vehicle owners out of the money they are entitled to receive under their insurance contracts.

However, insurers who offer low settlement amounts or who fail to pay anything for the diminution in value do so in violation of the law. Georgia imposes heavy penalties on insurance companies that do not uphold their legal obligations. Part of these legal duties includes settling claims with policyholders fairly, promptly and in good faith.

Under Georgia law (OCGA § 33-4-6), once a policyholder makes a demand for payment of a loss that is covered under the insurance policy, the insurance company has 60 days to either pay the claim or provide a legal basis for refusing to pay the claim. If the insurance company's refusal to pay the claim is in bad faith, the policyholder may be entitled to receive:

• $5000 in penalties or 50% of the diminished value of the vehicle (whichever is greater)
• Attorney fees

The same penalty applies whether you make a demand for payment with your own insurance company (a "first party" claim) or with the insurance company of the person at fault for the accident (a "third party" claim).

Regardless of the penalties they face for violating the law, many insurance companies continue to offer lowball estimates for diminished value. For this reason, policyholders should not automatically accept the insurance company's appraisal of their vehicle's loss in value.

Protecting Your Rights to Compensation for Diminished Value

Contacting an attorney is one of the best ways to protect your rights and help you receive fair compensation for the diminished value of your vehicle.

The attorney can consult independent sources to determine your vehicle's true loss in value. Then the attorney can enter into settlement negotiations on your behalf with the insurance company.

Georgia is one of the few states in the country to recognize a policyholder's right to recover for diminished value. Do not let the insurance company get away with paying you less than you are owed under your insurance contract.