Category

News

Improper Loading And Securement In Truck Accident Cases

By | News

Ponton Law has successfully handled numerous trucking cases involving cargo that was not properly secured which resulted in serious injuries or death, including those on I-285 and I-75 in the Metro Atlanta area.    There are obligations imposed under both Georgia and Federal law that pertain to proper cargo securement and require truck drivers and trucking companies to take steps to keep the public safe.   Under Georgia law, O.C.G.A. 40-6-254, “No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of such load onto the roadway in such a manner as to create a safety hazard.  For the purpose of this Code Section, a load shall include, but not be limited to, a trailer required to be registered under Chapter 2 of this title.  Any person who…

Read More

Common Defenses Your Atlanta Slip and Fall Attorney Should Know

By | News

Many people are under the impression that just because you fell at a store or a business means that you will get a recovery.    That is not the case in Georgia.   In Georgia, an owner or occupier of land owes a duty to the public to keep the premises and approaches safe.    If you are making a claim, you will still need to prove your case by a preponderance of the evidence (more likely yes than no).   This means that you will need to show 3 things: (1) negligence; (2) causation; and (3) damages. Negligence is fancy legal jargon for showing that the property owner did something wrong or acted unreasonably.   However, there are a number of defenses available to property owners, all of which we have seen pop up in cases from time to time and which make us uniquely equipped to navigate the…

Read More

UPS Truck Accident Attorney

By | News

Injured in a truck accident with a UPS truck?   Make sure you hire an Atlanta truck accident lawyer who actually handles these types of cases on a regular basis and possesses the necessary information and know-how to maximize your recovery. In any case, involving serious injuries or a significant hospital stay,  Ponton Law always sends an investigator to the scene to document and gather critical information that can increase the value of your case down the road. A couple of things to keep in mind about UPS cases based upon recent cases we have handled: As of 2019, most of these claims are handled by a single third party administrator. In the past, UPS would farm them out to different administrators and law firms, but now it looks like they have been concentrated with Liberty Mutual. Liberty Mutual can be a very difficult insurance company to deal with, and definitely…

Read More

How Much is a Torn Rotator Cuff Worth in Georgia?

By | Articles, News

This is a question we are asked often, because it is a fairly common injury. I recently asked the members of a jury pool in Gwinnett County how many people had a close family member or friend who had a torn rotator cuff and 8 hands went up out of 36. Of the 36, 1 previously had a full tear and 1 previously had a partial tear. It is certainly helpful when you have an injury that many folks can relate to, especially when it comes to permanent restrictions and limitations. The folks on that jury and the many clients I have represented who have suffered similar injuries, will tell you that even after surgery and physical therapy they still have trouble with everyday activities, like reaching for a cup on the top shelf of a cabinet or changing a lightbulb, without enduring some level of pain. The value of…

Read More

What Qualifies as a Commercial Motor Vehicle in Georgia?

By | Articles, News

What Qualifies as a Commercial Motor Vehicle in Georgia? One of the first things that our team looks at when we are investigating a trucking accident is whether the vehicle qualifies as a “commercial motor vehicle.” Many times the at fault vehicle is not aware that the operator should have a CDL and be registered with the DOT.  For example, in Georgia, you must have a CDL to operate: Any Single Vehicle With a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more. The GVWR of the vehicle is attached on a sticker, usually with the VIN number of the vehicle, typically found on the driver’s side door.  If the vehicle is rated for 26,001 pounds or more, then registration with the DOT is required. Any size vehicle which requires hazardous material placards or is carrying material listed as a select agent or toxin. This is something that comes up infrequently….

Read More

Understanding Georgia’s “Super Speeder” Law

By | Articles, News

Reckless speeders are dangerous to everyone on the road and excessive speeds typically lead to higher fatality rates. Drive defensively and if you are injured by someone who was speeding, let us help you get the compensation you deserve. The Facts Speed-related automobile fatalities are staggeringly high in the United States. In 2015, Georgia saw a significant increase in the number of speed-related vehicle fatalities with nearly 270 deaths attributed to high speeds. The National Highway Traffic Safety Administration (NHTSA) has provided the following disturbing facts: Males under the age of 35 account for the majority of drivers involved in speed-related accidents. Over the past decade approx. 30% of all fatal accidents have been attributed to speeding. In 2014, 41 percent of all speeding drivers in fatal crashes were intoxicated, compared to 17 percent of non-speeding drivers involved in fatal crashes. The NHTSA also found that in 2014, only a little over half of…

Read More

Truckers And Drugs: The Dangers Of Drug Use By Commercial Truck Drivers

By | Articles, News

Drug use by any driver is a serious threat to your safety and the safety of your family. When the drug user is driving a multi-ton commercial truck, however, the risks become exponentially greater. Why is drugged driving so dangerous? Impaired drivers pose a risk to everyone. Drug use can impact drivers in many ways. Some drugs will cause a driver to become agitated, take unnecessary risks or drive aggressively. Other drugs may cause the driver to become drowsy or lose the ability to focus properly. Driving impaired limits a driver’s ability to adjust his or her surroundings and delays reaction times. This leads to a greater risk of accidents. One recent study found that “drug use now rivals drunk driving as cause of fatal car crashes.” The study noted that drugs were found in the systems of almost 40 percent of fatally-injured drivers who were tested for them and…

Read More

After The Injury: What Steps Should Be Taken After An Accident?

By | Articles, News

Suffering an injury can be a traumatic and confusing time. If you have been injured in a car accident, while visiting a business or through the reckless or negligent behavior of someone else you should take steps to protect yourself. Seek Medical Attention If you have been injured seek medical attention immediately. When you are injured, adrenaline can surge and your muscles can tense, blocking your ability to feel pain. This is an important evolutionary trait but it can prevent you from realizing the full extent of your injuries. A complete examination by a qualified medical professional can help to make sure that you receive the proper diagnosis for all the injuries you have suffered. The longer you wait from the time of injury to the time of diagnosis, the more intervening events the other party can argue caused your injury. Do not wait weeks or even days to receive…

Read More