JAMES NEAL FARRIS, P.C.

THE RAFFAEL CENTER, 1560 WARSAW RD.

SUITE 100, ROSWELL, GA 30076-1532

TELEPHONE:  (770) 642-9333 FACSIMILE  (770) 587-1767

EMAIL:  farrisjames@webtv.net

AREAS OF PRACTICE

Personal Injury/Wrongful Death

Our Firm has handled more than 400 personal injury and wrongful death cases to successful conclusion through the effective use of negotiated settlements, binding and non-binding arbitration or trail.

What to do (and what not to do) if you have been injured in an auto accident:

1. Seek immediate medical attention for your injuries. Go to an emergency room or an urgent care facility as soon as you experience any pain or discomfort following the accident. Even if you don't see any external injuries, it is extremely important to be evaluated to see if you have suffered any fractures, closed head injuries or internal bleeding.

2. Limit your communication with the other driver and the insurance companies. It is generally okay to tell the insurance adjuster where your vehicle is so they can do an estimate of the damage to your vehicle. However, do not talk to the adjuster about your injuries. The adjuster's job is to obtain information to use against you when it is time to pay your claim. Most conversations with insurance adjusters are recorded for later use. Their goal is to pay you as little money as possible to settle your claim. So, with regard to your injuries, simply tell the adjuster you were hurt in the accident and that you are seeking medical treatment. Politely decline to go into any further detail.

3. Contact an experienced personal injury attorney. Let your attorney deal with the insurance adjusters. If you try to handle your own injury claim, you will be at a severe disadvantage. As tempting as it may be, don't be lured into signing a release in exchange for a small quick settlement. Once you sign that release, you cannot ask for more money, even if you later find out that your injuries have not fully resolved and you need additional medical care.

4. James Neal Farris and his staff have the experience needed to get the maximum settlement or judgment to fully compensate you for your injuries and damages. We can help you recover for your past and future medical bills, your past and future lost wages and your future loss of the earning capacity. In addition, we will also seek recovery for your other damages including daily physical pain and suffering, metal anguish, emotional distress, past and future physical impairment, loss of consortium, permanent scarring and disfigurement and in some cases involving alcohol or drugs, punitive damages.

There is no reason to suffer alone from the effects of an auto accident. We can help you get the compensation you and your family will need for a lifetime of coping with your injuries. We want to see you achieve the best resolution possible.

AUTO ACCIDENTS - THE GRIM STATISTICS

Motor vehicle accidents are the leading cause of serious injury and death in the United States. According to the National Highway Transportation Safety Administration, approximately 3 million Americans each year are injured in motor vehicle accidents and nearly 41,000 are killed. Of those 41,000 fatalities, nearly half involve someone driving under the influence of alcohol and/or drugs and in over 60% of the accidents the victim was not wearing a seatbelt. Every year in the United States 2,600 children under the age of 15, 7500 young adults between the ages of 16 and 20 and almost 5,000 pedestrians and 3,000 motorcyclists die as a result of motor vehicle accidents.

AUTO ACCIDENTS - THE LAW

There are several different legal theories or doctrines under which a driver can be found to be liable for causing an accident and can therefore be held responsible for the injuries suffered by others.

1. NEGLIGENT ACTS

A person who fails to act as a reasonable person would act under similar circumstances is considered by the law to have acted negligently. That person is liable for all injuries resulting from their negligent acts. Often there are several people who have acted negligently and thus more than one person may be liable for the payment of medical expenses, lost wages, loss of future earning capacity, mental anguish, emotional distress, lost of consortium, pain and suffering, permanent disability and in some instances punitive damages.

2. LIABILITY OF THE DRIVER

When operating a motor vehicle, the law demands that a driver exercise reasonable care and skill at all times. In other words the driver must act as a reasonable person would act under similar circumstances.

For example, if a driver's tire blows out causing an accident; one question to be asked is whether that driver acted reasonable in not checking and/or replacing the worn tire. If the driver did not exercise reasonable care in the maintenance of the tire, then that driver acted negligently and is liable for injuries or death to others caused by his or her negligence. In another example, if a driver loses consciousness while driving and causes an accident it is necessary to ask whether that driver acted reasonable in getting behind the wheel in the first place. If he or she had a history of blacking out, then the act of driving itself was likely a negligent act.

When it comes to pedestrians, the driver of an automobile must use even greater care when operating his vehicle because of the enormity of harm a motor vehicle can cause to the human body.

3. LIABILITY OF THE OWNER

There are circumstances in which the owner of a vehicle can be liable for injuries or death even if he or she was not driving the vehicle at the time of the accident. This theory of liability, called negligent entrustment, arises when a vehicle owner knowingly permits his vehicle to be driven by an unfit, incompetent or reckless driver. For example, if the owner lends his car to someone who has been drinking alcohol or has been using illegal drugs or to someone who the owner knows is, for any reason, unfit to drive, the owner has acted negligently and may be liable to persons injured or killed in an accident.

4. LIABILITY OF EMPLOYERS

This type liability is referred to as the legal theory of vicarious liability; an employer is liable for the negligent conduct of his employees as long as the employee was acting within the scope of his employment. For example, if a truck driver negligently causes an accident while on the job, then both the truck driver and the truck driver's employer are legally responsible for the injuries. Even if the employee works in an office, if that employee causes an accident while running an errand for his or her employer then the employer is considered to be vicariously liable for the negligence of the employee.

5. LIABILITY OF A PARENT

Similar to the vicarious liability mentioned above, parents may be liable for the negligent driving of their children and therefore responsible to persons injured or killed in an accident caused by their child.

6. NEGLIGENCE PER SE

A person's conduct is, by law, considered to be negligent when that person violates a State law or City or County ordinance and as a result of that violation someone is injured or killed.

For example, if a person runs a red light or is speeding and causes an accident, that person has both broken the law and acted negligently and is therefore negligent per se. A driver who causes an accident while operating a motor vehicle under the influence of alcohol and/or drugs has broken the law and acted negligently and is therefore negligent per se.

7. DRUNK DRIVING/DUI

According to the United States Department of Transportation, approximately 17,000 people die every year in alcohol/drug-related car accidents; this translates into an alcohol/drug-related injury occurring every two minutes. Every thirty minutes one of those injured people dies. Of all traffic fatalities, 40% involve alcohol and/or illegal drugs.

There are nearly 1.5 million drivers who are arrested each year for driving under the influence of alcohol and/or drugs; one out of every 137 licensed drivers has been arrested for drunk driving.

Georgia as well as every other state has a statue limiting the amount of alcohol a person can legally have in his or her system while driving. Some states impose a "no-tolerance" law where it is illegal to drive with even a trace amount of alcohol in the blood. Georgia does not have a "no-tolerance" law but rather Georgia law states that a person cannot lawfully drive with a blood alcohol content (BAC) of over .08%. If a person's BAC exceeds that limit, then he or she is guilty of DUI: driving under the influence.

It is important to understand that accidents involving DUI often involve more than alcohol. A person who operates a motor vehicle under the  influence of an illegal drug can also be cited under the DUI laws. Prescription medications and over-the-counter drugs, when misused by not following dosage instructions or warning labels can also impair a person's ability to drive safely and therefore can make the driver liable for injuries or death caused by an accident.

Frequently one who injuries or kills another while under the influence of alcohol and/or drugs is not only responsible for the payment of medical expenses, lost wages, lost future earning capacity, pain and suffering, and permanent disability but can also be held responsible for paying punitive damage.

Moreover, if someone permits a drunk driver to operate his or her vehicle, that person may be liable for the injuries caused by the drunk driver. Also if the drunk driver was drinking alcohol at a bar, restaurant, club, hotel, or private party there are laws that may hold the serving establishment legally responsible for injuries or death resulting to others as a result of drunk driving.