Month: February 2010

There is only one cell phone law in the State of Georgia; the one relating to school bus drivers. That may change if the Bill in the House dealing with this is passed.

Who hasn’t been behind a person on cell phone trying to drive at the same time and making a total mess of it? Cell phone use while driving and texting while driving are two new additions to what makes driving a real hazard in the 21^st century. That last brutal car crash on the Interstate, the one that took the life of a young teenage boy, was the result of the teen texting while driving. He never saw the 18-wheeler he slid under.

“While it may seem to be a no-brainer that people who use cell phones and drive at the same time are accidents looking for a place to happen, this isn’t easy to prove statistically speaking. I just recently read a study released by the Insurance Institute for Highway Safety that indicated bans on handheld cell phone usage while driving didn’t make a different to accident rates. This piqued my interest and I did some further research, knowing Georgia was about to pass a ban into law,” commented Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

The study went on to reveal that in states with bans and in states without bans, the accident rates had gone down slightly. “Perhaps people are being more responsible and not using cell phones while driving? Hardly, take a good look at rush hour traffic. Are the figures suggesting hands-free cells are better than handheld ones? This would be another no, as talking on the cell phone while driving, hands free or not, is a distraction and causes accidents,” added Ozcomert.

And the final question the study considered is whether or not states needed to ban handheld cells if the accident rates didn’t seem to be affected. All good questions, but let’s not forget that numbers are numbers, and numbers don’t always translate into the reality on the streets where the accidents are happening.

The other major gaff this study appears to have made was in assuming some things that may have not been true. For example, they assumed that people who used handheld cells may have switched to hands free cells at some period of time during the two year study. Interesting assumption; but still an assumption nonetheless, and one that can’t necessarily be proven.

Given what the police see pretty much daily, it’s safe to say that cell phones and driving do not mix – period. And that doesn’t matter if they are hands free or handheld. “Indeed, other research has clearly indicated those who use cell phones while driving to talk or text are four times more likely to have accidents. In other words, that study bluntly pointed out that texting/phoning while driving was just as stupid as everyone thinks it is,” said Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

In Georgia, the hold up to pass a ban on cell phones while driving has to do with politicians wondering how anyone can tell the difference between texting and dialing a phone. This likely doesn’t really matter much in the final analysis, as a fatal accident is a fatal accident, whether the driver was texting or dialing at the moment of impact.

To learn more visit http://www.ozcomert.com.

COMPANY PORTRAIT

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

Been to the dentist lately and come away with something you didn’t expect? Dental malpractice is a real issue faced by patients in the chair.

In order to practice law, accounting, medicine and dentistry, among other professions, the dentist is required to have a license to practice in a certain state. This isn’t just a piece of paper that says nice words and welcome the dentist to the world of dentistry, this is a license that means that subject to heavy duty rules and regulations, they are allowed to practice their trade. Professional conduct is high on the list of things dentists are required to have.

Most states also have a licensing board that investigates complaints laid against dentists for various forms of negligence and malpractice. When in doubt about the rules and regulations in a certain state, it’s time to speak to a “licensed” and skilled medical malpractice attorney to find out the lay of the land. Knowing what rights a plaintiff has is a smart move. Even if the person inquiring suspects they may have been a victim of dental malpractice but are not sure, ask questions and find out how to proceed.

Generally speaking, when a licensed dentist performing his job does something that is considered to be below the accepted standards of good and prudent dental practice, they may be charged with malpractice. “In other words, if the dentist messes up and does something they had no business doing, such as removing the wrong tooth, breaking a patient’s jaw, neglecting periodontal disease and not informing the patient, or cutting the patient’s tongue, the patient may be able to file a dental malpractice lawsuit,” indicated Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

Typically, dental malpractice charges tend to fall into several categories, and unfortunately, some of the “mistakes” a fairly common; hardly something to be enthused about. Most of the charges include gross negligence or incompetence; refusing service to someone based on discrimination (race, color, creed etc.); practicing beyond the normal scope of dentistry; breaching patient confidence; neglecting a patient in an emergency situation; doing unauthorized or unnecessary dental work; working while drunk or under the influence of drugs and/or physically or sexually abusing patients.

“That’s quite the list and I hasten to add that not all dentists should be tarred and feathered just because another dentist committed some of those malpractice red flags. Nonetheless, talking to a medical malpractice attorney is a good idea to find out what your rights are,” Ozcomert suggested.

“Be aware that if a patient is on Medicaid, there have been a large number of cases of dentists filing false reports – to out and out Medicaid fraud. All the more reason to talk to an attorney if you have questions about your dental procedure,” said Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

The bottom line when dealing with dental malpractice is that someone needs to be held accountable for the negligence and the harm that it caused. One way to ensure the perpetrator is held accountable is to file a dental malpractice lawsuit.

To learn more visit http://www.ozcomert.com.

COMPANY PORTRAIT

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

This case could have had another outcome if negligence had been identified. Personal injury cases involving 18-wheelers are extremely complex.

Tangling with an 18-wheeler never has a happy ending. This particular case is even more tragic in that it appeared on the surface to be the result of driver error. Although the investigation is not yet complete, there may be other evidence that surfaces that will change the initial evaluation of the crash.

A young 17-year-old girl was killed when she and her passenger crashed into a 1992 Kenworth tractor-trailer. The young driver was pronounced dead at the scene and the passenger was transported to medical care at the nearest hospital. The truck driver made it out of the crash unscathed. The accident happened just after 11 p.m. at night.

No one is quite sure what happened, and this is where the details of the case – yet to be investigated – may change the outcome of this story. It appears that the young lady pulled out in order to pass the semi, misjudged her distance and speed, and clipped the trailer part of the 18-wheeler. Unfortunately, massive blunt force trauma from the impact caused her instant death.

If the roads were bad due to weather; poor highway maintenance; visibility was impaired due to weather; the tractor-trailer was not properly lit with running lights; the trucker was too close to the median line and didn’t see the other vehicle pulling out to pass and moved over to make a turn; or the rear axle was not properly maintained and a hazard, the determination of any negligence may need to be made later.

Apparently the rear axle of the truck could be seen at the crash site, lying away from the trailer. While it may look like the axle was hit and then separated from the truck, there is just as much likelihood that it may have come off and rolled into the path of the teen’s Ford Explorer. The ultimate point to be made here is that each personal injury case is defined by its individual nature. In other words, no two cases are alike. The details are critically important, and it’s the job of the Atlanta personal injury lawyer to winnow out these details to make a case.

If this case later turns out to involve negligence on the part of the truck driver, the family of the deceased young teen may be able to file a wrongful death lawsuit. The details are of vital importance, as is whether or not there is negligence involved. If you’re not sure what is involved in a case that may affect you or a loved one, speak to a seasoned Atlanta personal injury lawyer.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

Who would think that premises liability would extend to a golf course? It does and course owners and employees need to be aware.

Let’s consider a case that we heard about just recently about a man who wound up with traumatic brain injury after falling off a golf cart. The man’s wife is seeking damages for the trauma and loss of consortium in the form of a personal injury lawsuit.

The story goes like this: the gentleman was golfing when one of the club’s employees offered to give him a ride in one of the club’s golf carts. Evidently rather than being able to sit on the front seat with the employee, he was told to stand in the area normally reserved for carrying the golf clubs. The foundation of this personal injury lawsuit is the negligence of the employee who was driving the golf cart at the time of the accident.

Other pertinent facts in the case were revealed in the court documents and dealt with the allegations that the employee drove the cart with excessive speed for the conditions of the terrain and made an exceedingly sharp turn with no warning, causing the woman’s husband to be thrown from the cart.

The man was taken to hospital for treatment and the doctor treating him informed the court that the man is in a coma. His chances of recovering are extremely poor.

Other points that go toward a judge and jury making a decision have to do with charges that the defendant didn’t adequately train their employees on proper golf cart operation, failed to warn the man of the dangers of standing in the back of the golf cart, and that the employee overloaded the cart, thus causing it to be unstable.

The underlying premises here is that property owners may be held liable for personal injuries sustained by an injured party if there was a dangerous/hazardous condition on the property that could/should have been fixed. In fact, that dangerous condition should not even have been there in the first place. However, the fact that it was, increases the level of responsibility the defendant has to those who use the defendant’s property, in this case the golf course and its carts. Because the employee represents the property owner, they have a duty of care toward people using the property.

Falls have the potential to cause extremely serious injuries that include traumatic brain injury (such as this case), broken hips, dislocations, and spinal cord injuries. These aren’t exactly easy injuries to treat, and many of them are long-term, painful and costly to treat. Many of these injuries also have the potential to be permanent.

If you’ve been hurt in an accident similar to this or at a different location, don’t hesitate to speak to a dedicated and highly skilled Atlanta personal injury lawyer. Part of proving that a plaintiff who was injured is eligible for compensation is showing that accidents are avoidable but for negligence on the part of the liable party.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.