Atlanta Property Damage
Premises Liability
What is Premises Liability? It is the legal responsibility for the property owners or tenants to make sure that the spaces they occupy are safe and pose no threat of injury to third parties while those third parties are visiting the property. Premises liability applies to torts: negligence or wrongdoings committed against a third party that fall under the jurisdiction of civil rather than criminal law. In some instances the circumstances creating premises liability are clear-cut while in others causation is more complex.
Premises liability and duty of care kind of go hand in hand. The most commonly known situation is when someone comes to visit your house and the fall and break a body part. The term visitor is not only for the people who have been invited to the property. It can also apply to people who license the property and who trespass on the property and who may shop at the property. It does not matter whether or not the property is public, private or commercial as the leaser or owner you are in charge of making sure the place is safe for guest. Visitors must also use caution while they are on the property of someone else.
It is the owners duty to make sure that their property is well maintained and up to government code and to make sure there are no hazards on the premises and lastly that signs are put up to inform people of a danger that cannot be rectified immediately.
It is the visitor’s responsibility to avoid obstacles that the owner has not had proper time to address, to avoid problems that the property owner has no control over, and not behaving carelessly.
These are the common types of liability lawsuits:
Slip and falls, Dog Bites, Sidewalk and road defects, and inadequate security.
Have you been the victim of a premise liability case? Do you need more clarity on what a premises liability case is? If so you need to call an experienced attorney who has many years in handling cases like these. If you have a premise liability issue you need to call Neil Flit at 877-373-4878 to get the settlement you deserve!
Tags: dog bites, negligence, Neil Flit, Premises Liability
Posted in Auto Accidents, Dog Bites, Personal Injury, Property Damage | Comments Off
No Punitives for Cell Phone Use
Cell phones have become a part of our daily lives and something that all of us could not go without. Cell phones help us to be accessible when we are on the go and that is something we could not do without in today’s world. They help people be able to stay in constant contact so parents can keep better contact with their kids. Cell phones give people the ability to call others and make immediate changes or cancel plans which is something that was not easily done before their time. Everything has its fault and cell phones are a major distraction to drivers.
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will in fact receive all or some portion of the punitive damage award.
There was a recent court case in which a husband and wife were suing a man who had rear ended them due to the fact he was using his cell phone for work purposes. The driver who caused the accident openly admitted that he was using his cell phone and that while trying to locate a number in his phone he lost focus on the road.
It was the court’s decision that punitive damages would not be awarded in this case. As explained by the Court of Appeals, “ when the accident results from a pattern or policy of dangerous driving, such as excessive speeding or driving while intoxicated, but not when a driver simply violates a rule of the road.”
The prosecution argued “pattern or policy” stating that Mr. Holtzclaw saying that he knew using a phone and driving was dangerous that is why he instructed his employees to never do so. But Judge Adams replied, “mere negligence, even gross negligence, is not enough to support a claim of punitive damages; there must be clear and convincing evidence of a pattern or policy of dangerous driving.
This case is one of the first of its kind, and the Judges and the lawyers did not rule out the fact that one day down the line that a similar case will receive punitive damages in the future. Cell phone use can lead to Atlanta area car wrecks and you should look for an experienced attorney if this is ever the case you are in. Remember if you’ve been “HIT” call NEIL FLIT 877-373-4878 right now!
Tags: Atlanta, HIT, negligence
Posted in Auto Accidents, Personal Injury, Property Damage | Comments Off
Blood Alcohol Content
Blood alcohol content is the amount of alcohol that is present in the blood of a person. A chemical Blood Alcohol Content (BAC) test measures that amount of alcohol in a blood sample and then is represented in a percentage. When the level of alcohol goes up the rate of accident is increased. This is the reason why driving under the influence is such a serious offense and why police all over do not tolerate drunk driving.
Police use two types of test to determine the level of alcohol that is present in a person’s body. The two tests that can be administered are a breath test and a blood test. The blood test is the more accurate of the two tests but both tests can still be off. Usually the police officer will give you a field sobriety test to try and determine how off your motor skills are due to the alcohol. After field sobriety testing is done then the officer will administer a breathalyzer test. If this test is refused then the person will be taken to jail. Once in jail the person has no choice but to take a chemical BAC test. This test is very accurate and will determine the BAC immediately. If you were to refuse this test then greater penalties such as a DUI can result.
Breath testing is the test that is used for the pre and post testing of the alcohol levels in a person. This one is not always the most accurate but it is the safest and easiest to administer. It is the responsibility of whoever is giving the test to make sure that their machine is calibrated properly and in working order. A breathalyzer tests the air in the lungs and gives the officers in the field a BAC.
Blood testing is more time consuming and something that is not done on the road by the field officers. This testing is more accurate and must be done by professionals only. This is usually only done by someone in the medical field. You may also request a blood sample to get tested on your own as well. It is important that the right person does this because it can affect the tests and may cause harm to the patient.
Drunk driving is a great problem that every state in America has to face. Drunk drivers are not aware of the damage they call until it is too late. Drunk drivers destroy families and cause people to lose their lives way too soon. Drunk driving is serious and should not be taken lightly. Have you been the victim of a drunken driving automobile accident? If so you need to call an Atlanta area personal injury Attorney like Neil Flit. Attorney Flit and his legal team will work hard to get you and your family the best possible settlement! So remember if you’ve been “HIT” call NEIL FLIT 877-373-4878!!!
Tags: 18 wheeler, Atlanta, Attorney Neil Flit, auto accident, car accident, car wreck attorney, causes of auto accidents, drunk driving, DUI, MADD, negligence, Neil Flit
Posted in Auto Accidents, DUI (Driving Under the Influence), Personal Injury, Property Damage | Comments Off
Uninsured and Underinsured Motorist Coverage
It can happen anywhere and at anytime. You are just driving along and come to a stop and the next thing you know you have been hit. All at once you have so many things running through your mind. The last thing you want to be thinking about is or that you know to think about is uninsured motorist coverage. It’s a sad but true fact that 1 in 7 drivers is uninsured or does not have adequate coverage, and with this trying economy that will probably increase.
Uninsured motorist coverage is coverage that does exactly what its name says. It protects you from being held responsible when someone hit you who are uninsured. This type of coverage can help to pay medical bills and cover you for lost wages and problems that result from the accident.
A common misconception by many people is that if they have full coverage on their automobile that they are covered and this is not the case. Uninsured motorist coverage is an add on which means that you have to request it to be added to your policy. If you do not ask for it to be on your plan then it will not be and you will have to handle being hit by an uninsured motorist on your own. This insurance is not too expensive to add about 150 dollars to add a good bit of coverage and peace of mind.
Do not get in a situation to where you have to guess whether or not you are covered, if you can spend the extra money for you and your family and for peace of mind. Have you been in an Atlanta automobile accident with an uninsured motorist? If so you need to call Attorney Neil Flit right away. Attorney Flit and his legal team will work hard for you and give you the best settlement possible. Remember if you’ve been “HIT” call NEIL FLIT 877-373-4878
Tags: 18 wheeler, Atlanta, auto accident, car accident, Georgia, HURT, insurance company, Neil Flit
Posted in Auto Accidents, Personal Injury, Property Damage | Comments Off
$8 Million Dollar Verdict for Fatal Trucking Accident
Early in the morning on October 15, 2009 there was a fatal accident involving a 1989 Mitsubishi Mighty Max truck and a 2000 International Harvester 9200 pulling a live haul trailer. For some reason and one that is still not fully understood the 18-wheeler plowed into the rear end of the Mitsubishi causing it to veer into oncoming traffic and hit a 2003 Chevrolet Cavalier head on. The result of this collision led to the death of the three men in the Mitsubishi truck driver- Johnnie Perlotte Junior and the two passengers Cordaro Perlotte and Tony Chapman.
This lawsuit was filed by the widows of Perlotte and Chapman and the mother of the younger Perlotte Derrick Ware. This tragic accident affected more than one family and took husbands and children away from parents and wives.
The attorney stated that between the two collisions that the plaintiffs experienced “shock, fright, terror and pain and suffering”.
The legal team for this family put together a well written demand statement for the 8 million dollars to the insurance company. The insurance company policy limits were at 10 million so there was more room to go. But since the attorneys for the plaintiffs did not go for the policy limits this probably helped to settle the case a little faster.
This case was a very sad case and caused great pain to all parties who are involved. The civil case against the driver and the company Harrison Poultry Inc. of Boston is still pending. This type of case is a nightmare and the settlement is nothing compared to the loss of the three lives in this case. We pray that you and your family never have to go through anything like this, but if you do you should call the Law Office of Neil Flit. We treat our clients as individuals and do not just see you as a paycheck. We want to make sure that you and your families are well taken care of by our amazing staff! We are here to serve the Atlanta area and surrounding communities and we will give you the individual service you need! So remember if you’ve been “HIT” call NEIL FLIT 877-373-4878!
Tags: 18 wheeler, Atlanta, collision, Harrison Poultry Inc, HIT, insurance company, Johnnie Perlotte Junior, Mitsubishi Mighty Max, Neil Flit, Perlotte Derrick Ware
Posted in Auto Accidents, Personal Injury, Property Damage | Comments Off
Beware of Bad Roads
Roads are the veins of every modern country. They help us to transport goods from one area to another easier. They make it easier for people to have leisurely travel and to get to work. They give us the opportunity to see the whole country without leaving our car. With millions of people a day on the road it is no wonder that they are in poor condition. Our roads are over used, lacking repairs and hard on our cars.
As stated before millions of cars hit Georgia’s roads everyday from sun up until sun down. This can wreak a lot of havoc on the roads. Just think a small crack in the road is one thing, but when that crack is hit over and over non-stop all day it soon grows to a road hazard which means problems for the drivers. All kinds of vehicles from motorcycles to 18-wheelers occupy the road and 18-wheelers are probably on the road more than anything. They are some of the heaviest street legal vehicles and probably cause the most wear and tear too.
In this trying economy everyone has to make some cuts in what they do and are only doing what cannot be done without. This is the same for the government as well. The money just is not there to make all the repairs needed to our roads in a timely manner. Some places have to wait longer and longer to lay down new pavement because of how expensive fixing new roads are. When roads get to the point that they are longer safe and attention has been drawn to them that they are fixed.
These road roads are also very bad for your car. Cars are made to be very dependable and durable. Unfortunately bad roads cause more problems for your car then you may know initially and can lead to costly repairs or automobile accidents. Bad roads can lead to busted tires, loss of alignment, tires to lose balance and in extreme cases the loosening of engine parts.
With the number of bad roads out there we must be even more cautious drivers. Not only do we have to pay attention to the other drivers but pay attention to the road conditions as well. If you see that a road is in really poor condition report it to local authorities or call your local news station to shed light on the issue. If you have been in an Atlanta automobile accident then you need to call Attorney Neil Flit immediately! Put Attorney Flit on your case to get you the best possible settlement which you deserve! If you’ve been “HIT” call NEIL FLIT 877-373-4878!!!
Tags: Atlanta, Attorney Neil Flit, car accident, collision, Georgia, HURT, insurance company, Neil Flit
Posted in Auto Accidents, Personal Injury, Property Damage | Comments Off
Getting Your Car Ready for the Season Change
This time of the year is one of the most beautiful times of all. The leaves are beginning to turn and a slight chill is started to pass over the country. The fall sports are in full swing and everyone is starting to break out light jackets and sweaters. This is just a great time of the year, but regardless if you live up north or down south this is the time of year to winterize your car! Here are a few tips to make sure that you and your loved ones have a safe winter!
- Get an appropriate oil change: You should already be getting regular oil changes but as the seasons change so does the type of oil you use.
- Windshield wipers: You don’t know how bad they are until it rains and this can be dangerous for you. So go to your local tire shop and have them check your wipers out to make sure you are good.
- Check your battery: Cold weather is tougher on your battery so make sure your terminals are clean and that they do not have any corrosion on them! Do not get caught with a bad battery in cold conditions!
- Check belts and hoses: Make sure that you do not have any leaky hoses and that your belts are in good condition and not worn out.
- Tire pressure: This is something that people overlook all year long and is an easy way to have a blow out. Buy an inexpensive tire gauge at the auto store and check your tires every few days to make sure they are at factory specs.
- 4-Wheel Drive: Since most people do not use their 4-wheel drive in the summer months they should make sure to test it out before winter. Make sure that it is fully operational so that you know if repairs are needed.
- 50/50 anti-freeze and water: This mixture will help to make sure that your coolant does not freeze even in extreme temperatures. A gauge can be brought at an auto store.
- Emergency kit: Make sure you have an emergency kit in your car just in case you get stranded. Have a few things like reflective cones or flares, blankets, small rations and safety kit. If you do not know the area then stay where you are and wait for someone to assist you.
Little tips like these can keep you safe and save you a lot of headache this winter. Remember you use your car for a lot so make sure you take care of it and your car will take care of you. Have you or a loved one been in an Atlanta automobile accident? If so do not wait call Attorney Neil Flit Immediately! He has many years of experience of taking care of clients and getting them the settlement they deserve! If you’ve been “HIT” call NEIL FLIT 877-373-4878
Tags: 18 wheeler, Atlanta, atlanta attorney, atlanta car accident attorney, car accidents, Georgia, HURT, insurance company, Neil Flit, personal injury, Rental Car
Posted in Auto Accidents, Personal Injury, Property Damage, Uncategorized | Comments Off
Buford Highway Georgia’s Most Dangerous Highway
Today there are more drivers than ever on the roads. From the first time drivers who are in high school to the middle age more experienced drivers to the elderly drivers. This means that roads are very busy and overcrowded. A lot of Georgia’s roads are in need of repair and most cannot handle the huge number of commuters who use them each day. If you think these roads are just dangerous for drivers then you are sadly mistaken. Pedestrians and cyclist have it worse because they are overlooked.
Buford Highway is by far Georgia’s most dangerous road with nearly three times as many injuries or fatalities than any other road. When this highway was made it was not meant to be pedestrian friendly. This highway is thirty miles long and over 8 miles of this highway are extremely hazardous. This highway is seven lanes wide and which is not good news for anyone who is trying to cross it. The bus stops along this highway are not in great locations and force people to cross the street away from a cross walk. There are not enough safe places for people to cross this dangerous highway at, and the places that are outlined as safe areas do not operate properly to stop the oncoming traffic.
Besides the poor design of the highway there are hills which block the view of the drivers and the pedestrians. This is like playing Russian roulette for both the driver and the pedestrian. Sadly it is the pedestrian who usually pays the biggest consequence. Georgia spent over 2 billion dollars last years on roads and services and less than 1% went to fixing things like this.
There have been many proposed changes but none have taken place yet. In the year 2012 most of the plans to make the highway are going to go into place. Better cross walks and safer areas for bus stops, and sidewalks so that pedestrians have somewhere to walk besides the dirt and grass.
As the population continues to grow and as people live longer lives then road traffic will forever be a huge problem. There has to be something done about these dangerous roads. Every state in America has some problem roads and changes and solutions are coming way too slow and at the expense of drivers and pedestrian lives. Automobile and pedestrian accidents do happen but we can make changes to greatly reduce them. Have you been in an Atlanta automobile accident? If so you need an attorney who will fight hard for your claim! If you’ve been hit call Neil Flit 877-373-4878!
Tags: Atlanta, Buford Highway, Georgia, Neil Flit
Posted in Auto Accidents, Personal Injury, Property Damage, Uncategorized | Comments Off
The Danger of 18 Wheeler Blind Spots
No matter what we choose to believe, or may want to think, 18-wheelers are a very important vehicle for the world to get goods and services. Trucks have the ability to move large quantities of items from one place to another that trains and other transport vehicles cannot reach. Trucks rule the highways. When a truck is making drops they rule those lanes as well. One of the biggest problems with 18-wheelers is that they have huge blind spots. Just as in any vehicle, the blind spot is an area where the driver cannot see whether or not someone is riding next to them. Blind spots are double or triple the size for 18-wheelers and makes huge problems for drivers.
If you or a loved one is in an 18-wheelers blind spot, you do not exist. These trucks are so heavy and when they are loaded up they can weight double. This means that if an 18-wheeler hits a vehicle,to them it just may feel like they hit a pothole. Subsequently, they may keep driving! Some 18-wheeler drivers believe that they own the road. Addditionally, some dirvers some are poorly trained, overworked or may be on medication. Some truck drivers just assume that since they are so big that people will move over for them and this is no way to share the road.
Honestly when you are in a 18-wheelers blind spot it is in your best interest to give them room and keep your distance. This is best for your safety because you simply will not be able to contest the size of the tractor trailer. The blind spots are usually indicated on the rear of the truck to try to help drivers to avoid those areas. If you are on the road and you see a reckless truck driver, report them either to the authorities or the 800 number that is on the back of their truck.
If you or a loved one have been hit by an 18-wheeler or any truck you should call an Atlanta trucking accident attorney to handle your claim. An Atlanta area trucking attorney has experience in these kinds of cases and knows how to handle the insurance companies to get you the maximum settlement that you deserve. If you’ve been hit call Neil Flit,877-373-4878 or visit us at AtlantaHurt.com
Tags: 18 wheeler, Atlanta, Neil Flit, Wheeler Blind Spots
Posted in Auto Accidents, Personal Injury, Property Damage, Uncategorized | Comments Off
Providing Alcohol to Minors is Illegal
Everywhere you look all you see are ads for alcohol and on the television all you see is how much fun you can have when being drunk. These ads do not help to deter our teens away from drinking or the perceived excitement from drinking. Purchasing, hosting and selling alcohol to teens is all illegal.
Why would you purchase alcohol for a teen? You are not helping them out and you are not being the “cool” person by any means. You are not doing anything but hurting the teen. You are letting the teen think that it is acceptable for them to drink and it is not. No matter what the kid tells you just refuse
Hosting a party for underage kids to drink at is a terrible thing to do. Not only are you putting your child in danger but you are also putting the other children who are at the party in danger as well. This is not safe, you may think you have the house and party under control but the kids may get alcohol poisoning or sneak out and drive away drunk. The best way to control this is to not provide alcohol at all.
Selling alcohol to minors is a big problem as well. Just because someone looks of age does not mean that they are. Make everyone who wants to buy alcohol show their I.D.
This should be a problem that is easy to solve and that we do not have to think about but its not. We must realize that our kids are our future and we must cherish and protect them. The Law Office of Neil Flit cares about you and your loved ones. If you or someone you know has been injured due to a car accident, an Atlanta personal injury attorney can help you. Contact the Law Office of Neil Flit at 855.850.HURT to find out how.
Tags: Atlanta, Atlanta Area, drunk driving, DUI, Neil Flit, personal injury
Posted in Auto Accidents, DUI (Driving Under the Influence), Personal Injury, Property Damage | Comments Off
