Atlanta, Savannah, & All of Georgia

Atlanta, Georgia has some of the most dangerous streets for pedestrians in the country. To be exact, it's the 11^th most dangerous place to walk in the country. That's the conclusion of a recent study conducted by Transportation for America, a nonprofit safety advocacy organization. Each year, there are 1.6 pedestrian deaths per 100,000 people in the Atlanta-Sandy Springs-Marietta, Georgia area, the study states. The most dangerous place to walk in the country is the Orlando-Kissimmee, Florida area. In fact, the top four are all in Florida.

Have you been injured in a pedestrian accident in Georgia? Don't suffer in silence because of someone else's irresponsible actions. Contact a Georgia pedestrian accident lawyer who stands up for victims' rights. Contact the Law Offices of Gary Martin Hays & Associates. Serving clients throughout Georgia, our experienced Atlanta pedestrian injury attorneys believe strongly in making sure injury victims get the compensation they rightfully deserve. A pedestrian injury accident can result in serious injuries, which could sideline you for weeks or even months. You deserve justice. Demand it. Contact a Georgia pedestrian injury attorney who means business.  Contact the Law Offices of Gary Martin Hays & Associates.

Pedestrian accidents happen far too often. Every 8 minutes, a pedestrian sustains an injury in a traffic accident in America, according to the National Highway Traffic Safety Administration. That's more than 69,000 injuries each year. Even worse, such accidents are sometimes fatal. In 2008, 4,378 pedestrians were killed in accidents nationwide.

Know the facts. Be aware. Pedestrian accidents are serious. If you're a victim of a pedestrian accident in Georgia, you need an aggressive law firm on your side. You need the Law Offices of Gary Martin Hays & Associates.

Older drivers have some of the safest driving habits on the road. They wear seatbelts more than younger drivers. They're involved in fewer drunk driving accidents. And when they have their grandchildren in the car, they're less likely to be in an auto accident. That's the conclusion of a recent scientific study written about in Time Magazine. Specifically, children are twice as safe when their grandparents are driving instead of their parents, the report states.

Even so, accidents happen. Do you know what you would do if you were injured in an accident caused by another driver in Georgia? You need a Georgia personal injury lawyer who puts people first. You need the Law Offices of Gary Martin Hays & Associates. Serving clients in Georgia, our experienced Atlanta personal injury attorneys have years of experience successfully fighting for auto accident injury victims. We know how disruptive an auto accident can be to people's lives. That's why we work tirelessly to get you the compensation you rightfully deserve to get your life back on track. Contact a Georgia personal injury attorney dedicated to fighting for justice. Contact the Law Offices of Gary Martin Hays & Associates.

Older drivers can take certain steps to stay safer on the road. They include:

• Exercising regularly. Staying fit keeps your senses sharp.
• Having your eyes checked once a year. Good vision saves lives!
• Asking your doctor if you're taking the right medicines.
• Planning your route before your drive.
• Leaving enough space between you and car in front.

But no matter what steps you take, even the safest drivers can easily be injured in an auto accident. Don't let someone else's reckless behavior ruin your life. Take back control. Contact the Law Offices of Gary Martin Hays & Associates. Our lawyers have dedicated their careers to fighting for auto accident injury victims throughout Georgia. We pride ourselves on our commitment to excellence and attention to detail. We will leave no stone unturned when you choose us to represent you. The Law Offices of Gary Martin Hays & Associates - we mean business!

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."

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.