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Atlanta Disabled Vehicle Dangers and the Holidays

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.

16 year old Columbus, Ga girl killed in tragic drunk driving accident

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.

Atlanta drivers at risk of a fatal car accident?

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.

Simulator gives young people a lesson in distracted driving

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

Laws designed to prevent an auto accident in Georgia? Get the grade

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 22nd 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.

Georgia teenage drivers put people at risk. Solution to this crisis?

Teenagers literally think differently. Increasing scientific evidence has found that teens' brains are physically different from adults and still developing. That's why teenagers often do things that make people think, "What were they thinking?"

On the road, that can translate into erratic behavior behind the wheel. That's why many states have strict laws specifically for teen drivers. Georgia has laws governing teenage drivers designed to keep everyone on the road accident free. Such laws limit when teens in Georgia under 18 years old can drive. Teenage drivers in Georgia must also have no major traffic violations in order to obtain a full driver's license.

Such laws may sound strict. But they aren't tough enough, according to a recent study advocating nationwide phased-in teen driving rules. If every state had tougher phased-in teen driving laws, an estimated 2,000 traffic fatalities each year nationwide could be prevented, according to a detailed study done by the National Safety Council, which researched the issue for the Allstate Foundation.

Auto accidents involving teenage drivers in Georgia can happen in an instant. But the effects can last a lifetime. Unsure what to do? You need an experienced Atlanta teen auto accident attorney on your side. You need the Law Offices of Gary Martin Hays & Associates. Serving clients in Georgia, our knowledgeable attorneys have worked with many accident victims to help them decide what to do, including whether to file an auto accident lawsuit in Atlanta, GA. An auto accident can be overwhelming. You might not be able to work for weeks or months. You may become physically disabled. Don't suffer in silence. Take action. Contact an Atlanta auto accident attorney who demands justice. Contact the Law Offices of Gary Martin Hays & Associates.

An estimated 41 lives in Georgia could be saved every year if every state nationwide adopted tougher phased-in teen driving privileges, according to the Allstate Foundation. Countless more injuries could be prevented too. Don't leave your future to chance. If you've been injured in an auto accident, take back control. Contact a law firm eager to work for you. Contact the Law Offices of Gary Martin Hays & Associates.

Christopher Hamer-Hodges was hit at the intersection of Peachtree Road GA

March 6, 2012, Atlanta, GA - A bicyclist was hit by a drunk driver at approximately 1 a.m. on Wednesday morning in Buckhead and sustained serious injuries including a broken leg, broken ribs and possible head trauma, according to the AJC news article.

Christopher Hamer-Hodges was hit at the intersection of Peachtree Road and West Paces Ferry by an intoxicated driver. David Seigel was driving under the influence when he hit the cyclist.

Hamer-Hodges was thrown from the bike and quickly taken to Grady Memorial Hospital for urgent care. Seigel did not stop and was later pulled over by police where he was given a breathalyzer. He blew a 1.42 ad was charged with DUI, reckless driving and following too closely, according to the news report.

Gary Martin Hays has given away over 1000 bicycle helmets and sponsored hundreds of public service announcements about bike safety to help prevent the tragedies such as this one.

"I have seen so many terrible bicycle accidents and my law firm is very active and supportive of educating the community on bicycle safety. We hate to see these victims suffer, as the injuries they sustain usually are so severe," said Hays.

Bicyclists, motorcyclists and pedestrians are at great risk when traveling along Atlanta roads, especially at night when the risk of drunk drivers on the road increase. Other motorists often fail to notice pedestrians and cyclists, putting them at serious risk for injury and fatality. The impact of an accident such as this can leave permanent physical and emotional damage.

Don't waste another minute wondering if the insurance company will compensate you for your injuries. Call the Law Offices of Gary Martin Hays for your free legal consultation. Our expertly trained staff knows exactly how to help you through this difficult time and we will make sure you are represented fairly. You have nothing to lose: 1-800-898-HAYS

For daily updates and tips on safety, follow us on Facebook on The Safety Lawyer page: www.facebook.com/thesafetylawyer .

Texting while driving poses a real threat on Georgia roads

Texting while driving continues to put people using Georgia's roads in danger. A recent study revealed more people texting while driving in recent years. Two out of every 10 drivers admitted they did it occasionally. And for young people between 21 and 24 years old, the number was one out of two.

Auto accidents involving texting drivers happen fast. What would you do if you were injured in Georgia by a texting driver?  You need a texting auto accident attorney in Georgia in your corner. You need the Law Offices of Gary Martin Hays & Associates. Serving clients in Atlanta and throughout Georgia, our lawyers have dedicated their careers to helping accident victims, including working with people to decide if they should file an auto accident lawsuit in Atlanta, GA. We work tirelessly with one goal in mind: to get accident victims the compensation they rightfully deserve. Don't leave your future to chance. Contact an auto accident attorney in Georgia who fights for justice. Contact the Law Offices of Gary Martin Hays & Associates.

State officials believe there could be a link between increase in texting while driving and the explosion in the number of new cell phones. "In 2000 there were 97 million subscribers," said Spencer Moore, deputy director of the Governor's Office of Highway Safety. "In 2009, there were nearly 300 million. As those numbers continue to go up, certainly that increases the exposure and opportunity for folks to text and drive."

Texting auto accidents happen fast in Georgia. If you've been injured in a car crash caused by a texting driver, take back control. Contact a Georgia accident attorney who puts people first. Contact the Law Offices of Gary Martin Hays & Associates. We're on your side.

Texting while driving poses a real threat on Georgia roads

Texting while driving continues to put people using Georgia's roads in danger. A recent study revealed more people texting while driving in recent years. Two out of every 10 drivers admitted they did it occasionally. And for young people between 21 and 24 years old, the number was one out of two.

Auto accidents involving texting drivers happen fast. What would you do if you were injured in Georgia by a texting driver?  You need a texting auto accident attorney in Georgia in your corner. You need the Law Offices of Gary Martin Hays & Associates. Serving clients in Atlanta and throughout Georgia, our lawyers have dedicated their careers to helping accident victims, including working with people to decide if they should file an auto accident lawsuit in Atlanta, GA. We work tirelessly with one goal in mind: to get accident victims the compensation they rightfully deserve. Don't leave your future to chance. Contact an auto accident attorney in Georgia who fights for justice. Contact the Law Offices of Gary Martin Hays & Associates.

State officials believe there could be a link between increase in texting while driving and the explosion in the number of new cell phones. "In 2000 there were 97 million subscribers," said Spencer Moore, deputy director of the Governor's Office of Highway Safety. "In 2009, there were nearly 300 million. As those numbers continue to go up, certainly that increases the exposure and opportunity for folks to text and drive."

Texting auto accidents happen fast in Georgia. If you've been injured in a car crash caused by a texting driver, take back control. Contact a Georgia accident attorney who puts people first. Contact the Law Offices of Gary Martin Hays & Associates. We're on your side.

Smartphone Application Provides Sober Rides this New Year's Eve

By: Laura Kelly

A new smartphone application has been developed by Georgia state officials to cut down on drunk driving this New Year's Eve and Super Bowl Sunday. The Governor's Office of Highway Safety (GOHS) created the "Drive Sober Georgia" application to provide party-goers with a list of contacts for free sober rides.

Starting Dec. 16 to Jan 2, law enforcement officers all over Georgia will be strictly enforcing zero tolerance and on the lookout for drivers under the influence with their "Drive Sober or Get Pulled Over" campaign. Any driver with a Blood Alcohol Content of .08 or higher will be arrested immediately and taken to jail.

Not only is driving under the influence putting yourself in serious danger, it effects everyone on the road. This time of year there is a significant increase in impaired drivers. Stay alert and watch out for suspicious drivers who are swerving, failing to maintain lane, driving aggressively or speeding.

"Always have a plan to have a sober ride home if you plan on drinking while out at a party. If you find that you have had too much to drink, please, call a taxi," said Atlanta personal injury lawyer, Gary Martin Hays. "Driving under the influence puts yourself and others at serious risk."

If you have been hit by a drunk driver, you may be entitled to compensation. Don't suffer in silence. Being injured due to someone else's negligence can leave you seriously injured and out of work. Attorneys at The Law Offices of Gary Martin Hays & Associates are ready to fight the insurance companies for you. Call us today, 1-800-898-HAYS for your free legal consultation.