Winter Conditions Lead to Liability Questions

Following the recent winter storm which left the Columbus area largely shut down for a couple days due to snow, many are wondering what responsibility others have for problems due to the snow.  Our office has received numerous calls about injuries somehow relating to the icy conditions.For example:

"I slipped and fell on ice outside of a business.  Are they responsible?"
Unfortunately, the law in these instances is not very favorable.  Courts treat icy conditions much like wet conditions and rainy day situations.  The law will basically say that if a person knows it is cold and icy outside, it is their personal responsibility to exercise care for themselves.  While it can be possible if a business contributes to a particular icy hazard, the general ice and snow (much like rain puddles) do not lead to strong claims.  Of course, the duty owed by a business is higher than that of an individual homeowner. Meanwhile the local government usually has absolute immunity for icy conditions on public sidewalks.

"My car skidded on ice, and I hit someone.  Am I responsible?"
 Usually, the answer is going to be yes.  Poor weather conditions generally will not bear the responsibility of causing a wreck.  The decision to drive and specifically how to drive rest with the individual.  If someone loses control due to the icy bad weather, it would likely mean that they were driving too fast for conditions and should have either slowed down or stayed off the road altogether.  Remember driving a vehicle is a choice and privilege that should be used with caution and care. 


Each individual set of facts may have something that sets them apart under the law however.  Always speak with an attorney before making any determinations on who may be responsible or what action may be taken.

TEXTING WHILE DRIVING: NEWS UPDATE

Recently, an attorney in New Jersey made a novel argument in a tort lawsuit involving a woman who texted another woman who was driving a car.

According to the Plaintiff’s attorney, the case involved a New Jersey woman that sent a text to a woman who was also driving; just seconds after responding to the text, the driver was involved in a tragic accident with a motorcycle. The driver and passenger of the motorcycle each had to have a part of their legs amputated.

Plaintiff the woman who texted the driver, arguing that the texter was “electronically present” in the incident. (It is not clear if the driver was also sued, but likely was).

The case against the individual allegedly texting with the driver was dismissed on causation grounds.  The judge noted in his order dismissing the case, “were I to extend this duty [to the woman sending the text], in my judgment any form of distraction could potentially serve as basis of a liability case.” In his order, the judge also asked how the distraction from the texting woman was any different from a billboard. This case shows the importance of proving causation and how plaintiff must meet that burden in presenting his/her case.

In a lawsuit claiming negligence, the plaintiff must prove that the defendant caused injury to him/her.  There are two general types of causation: “but for” causation and “proximate” causation.  But for causation is usually easily proved by medical evidence.  But for causation asks the question: would the injuries Plaintiff suffered have occurred but for the defendant’s negligence?  Proximate causation is more difficult to define but can be boiled down to this question: even if the injuries would have occurred “but for” the defendant’s negligence, is the defendant’s negligence connected closely enough to the plaintiff’s injuries that it is fair to hold the defendant responsible?

In this case, the judge seems to have taken issue with the attorney’s argument concerning proximate causation.  Notably, the system worked in this case.  The judge dismissed a case in which there is a strong argument that the attorney was overreaching.

News Update for February 16, 2012

Safety while driving continues to be a major issue for both Columbus, Georgia and East Alabama drivers.  Sadly, another severe car wreck resulted in loss of life in Columbus last night when a woman from East Alabama was killed as a result of a vehicle filliping from a severe impact.  Muscogee County news teams are following the tragic event.   For more information from those news teams click here or here.

While initial reports do not suggest that this wreck occurred due to texting or other cell phone use, that topic is also making news again today as the Alabama legislature pushes again to follow suit with many other states, such as Georgia, in banning texting while driving.  For more coverage of that issue, click here.  As we have discussed before, cell phone usage in vehicles can easily lead to car accidents.  While many states have adopted laws prohibiting such use in order to protect citizen's on the roads.  Enforcement continues to be a difficult task.

Local News Update

Safety continues to be an issue with pedestrians in Muscogee County.  Another child was struck by a car today while trying to go to school.  Follow the link for details.

Tough New Stance on Cell Phones in Cars

One of the primary focus areas of the Law Offices of Gary Bruce is motor vehicle collisions, wrecks, and accidents.  However you call them, millions of Americans are in wrecks every year.  While some are minor and lead to only physical therapy to rehabilitate sore body parts, others cause dramatic injuries resulting in costly surgeries or tragic deaths.  There is no question that many of these wrecks could have been prevented by a driver simply paying more attention to the road. 

In today's busy society there are numerous distractions for drivers.  Old habits of eating on the go, putting on makeup as you drive to work, or even just talking to the person riding with you are being taken over by technology's focus on GPS devices, satellite radio, and of course cell phones.  Our phones do amazing things these days including texting, web surfing, or even video conferencing.  But with all that power, one must have restraint in using it.  Now though, it appears that the National Transportation Safety Board has determined that people shouldn’t have that discretion.  See the article here.

According to the recent announcement, the NTSB has made the bold recommendation that ALL cell phone use be banned.  Many states have rules on phone usage while driving ranging from no texting, to limitations on age usage, and even allowing only hands free devices.  In particular, Georgia has passed its own variations of the law which prohibit texting/surfing and restrict minors from making calls.  More locally here in Columbus, Ft. Benning bans cell phone usage to protect drivers while on post.  Still, the recommendation of the NTSB is a huge step in attempting to make roads safer by halting all cell phone usage, even with hands free devices.  There is no doubt that its stance is one aimed at protecting people.  The poignant statement that no text or call is worth a loss of life rings true.  But the feel good call to protect driver's has its opposition.

For example, many point out that cell phones are being unfairly targeted while countless other distractions that are equally dangerous go unhindered. Others point to enforcement issues (which the NTSB interprets in its own way) citing that officers have difficulty observing and pursuing drivers texting vs using a GPS device or other activity.  Perhaps a ray of light is that while the debate is set to begin over a complete ban of cell phones in the wake of higher usage, traffic related deaths are actually dropping to their lowest levels since 1949.  See article here.

Ultimately, all drivers must be cautious and responsible not just for their own vehicle but in watching for other drivers as well.  As the holiday season is upon us, we hope that everyone tries to slow down and drive safely in this busy time of year.  Whatever the statistics and debate, there is little reason to risk injury to others for the sake of entertainment or saving time.

Dealing with the ARMY when You are in a Wreck

If you are an active duty soldier and injured in a wreck while stationed at Ft. Benning, Georgia, you will have a lot of paper flying your way.

Initially, if the wreck occurs on a military post, you will have “Freedom of Information” forms to fill out just to get access to basic information about the accident. This can cause weeks of delay just to find out who else was in the car wreck. You might also have to go to a court proceeding in Federal Court to testify… even if the car wreck was not your fault. All of this will have to be done before you might even speak to anyone about fixing your car or paying it off if it is destroyed by the wreck.

We find that our office can be helpful in such situations in working with military families and their dependants due to our familiarity with Ft. Benning and its policies.

If you need medical attention, you will face other questions like:

1. where should you go?
2. how do you get a referral from the post?
3. will you have to treat with a military medic at Ft. Benning?
4. can you see a civilian doctor in Columbus, Georgia?
5. will the injury or treatment negatively impact your military career?
6. will you be on profile?

Again, there are options – both on post and off- that you should be aware exist in order to make informed decisions.

Of course, the medical team assigned to you will know best, but if you need a second opinion or other options, our office has found that we can provide good information which helps families in this area.

There are other issues that arise – from dealing with the reimbursement claims of the JAG office to getting recognition of the impact of a profile on your career goals. Sometimes it helps to have a lawyer familiar with these issues available for consultation.

Whatever your needs, whether you are active duty military, a military dependent, or a civilian working with the federal government here in the Ft. Benning area, we can help if you find yourself questioning what to do and how to get the medical attention and compensation you deserve.

Of course, our personal injury attorneys work on a contingency fee basis – no fee for us if we don’t recover for you – and can meet you at your convenience on post, at the hospital, or at your home. If you have moved away or TDY’d to some remote place, don’t let that stop you – we have represented military families across the world and are happy to help with more advice.

If you'd like to know more, just click on this posting's title to go to our firms webpage devoted to this topic or click here for our website.

-Law Offices of Gary Bruce

"Bike Rodeo" Event a Success

The event sponsored this past Saturday by Safe Kids of Columbus, Georgia and the Law Offices of Gary Bruce among others was a huge success.  Hundreds of Columbus families turned out for the bike helmet give away and free fitting event to promote child safety and accident prevention. 

Much of our staff was on hand to help for the event. For example, attorney Mark Jones was at the fitting station busy making sure that each child's helmet was worn correctly to provide maximum protection against accidents and injury.

After several hundred free helmets were passed out to children and fitted, safety personnel spent awhile checking bikes brought by children to make sure they were tuned up and safe.  Riding instructors were even on hand to give safety lessons and riding instructions to both kids and parents alike.  Following the lessons, the crowd stayed around for the pro's to show what not to attempt on your own during the BMX show featuring some high flying stunts.


Overall the event went wonderfully.  For more pictures, check out the local Ledger-Enquirer's site for more coverage of the event here.