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Fatigued Truck Driver Critically Wounds Actor Tracy Morgan

Actor and comedian Tracy Morgan was critically injured on Saturday, June 7, 2014 when Wal-Mart truckdriver Kevin Roper failed to observe slower moving traffic on the New Jersey Turnpike. Roper attempted to swerve his tractor-trailer away from the Mercedes limo-bus, but was unsuccessful.

Upon impact, the chauffeured limo bus was overturned, causing a chain reaction crash that involved 4 other vehicles. The fatal tractor trailer crash occurred around 1 a.m. Saturday morning. Morgan’€™s mentor and fellow comedian James €œJimmy Mack’€ McNair was killed at the scene. Morgan’€™s assistant Jeffrey Millea and comedians Ardie Fuqua and Harris Stanton sustained injuries; Fuqua and Millea remain in critical condition at Robert Wood Johnson Hospital.

Tracy Morgan sustained several injuries in the trucking accident, including a broken leg, broken femur, broken nose, and several broken ribs. Morgan underwent surgery to repair the broken bones in his leg, and remains in critical yet stable condition.

Allegations that truck driver Kevin Roper had not slept for 24 hours prior to the fatal crash began to surface shortly after the trucking accident. Roper pleaded €˜not guilty’€™ to one charge of vehicular homicide and multiple counts of assault by auto, despite allegations that he was sleep-deprived.

Truck drivers are permitted to work up to 14 hours per day, with a maximum of 11 hours spent driving, according to federal safety and rest regulations from the Federal Motor Carrier Safety Administration (FMCSA), a division of the United States Department of Transportation (USDOT). Regulations also require truck drivers to have at least 10 hours between shifts for sleep.

Wal-Mart president and CEO Bill Simon stated that €œWal-Mart will take full responsibility, € if Roper is found guilty of the charges. According to the National Highway Traffic Safety Administration, driver fatigue causes over 100,000 vehicle crashes and approximately 1,550 fatalities.

Trucking Accidents at Moraitakis & Kushel, LLP

Our legal team at Moraitakis & Kushel, LLP in Atlanta, Georgia understands the complex federal regulations governing tractor-trailers in the United States. We know that tractor-trailer accidents can be devastating. Our team finds justice for families and individuals injured in tractor-trailer accidents.

Contact Moraitakis & Kushel, LLP if you or someone you love has been involved in a trucking accident. Our team thoroughly investigates the trucking company and driver to bring you the results you deserve.

Family Awarded $3 Million after Newborn’s Death

A Bryant County jury awarded $3 million for the death of a baby in a car crash. At the time of the crash, Murphy Foster McKeel, the baby, was in utero. As a result, he was prematurely delivered, sustained brain damage, and died a month and a half later.

After just three hours, the jury awarded $2 million for the life of the baby, $1 million for the mother’€™s pain and suffering, and $83,000 for the father’€™s loss of consortium.

Erica McKeel, the baby’€™s mother, was seven months pregnant with her first child when the crash occurred on January 5, 2012. She was driving on GA 144 in Richmond Hill, heading to work at the Bryan County Recreation Department when another driver turned left in front of her. Although she sounded her horn and tried to miss the oncoming car, she was unable to avoid the collision.

Defendant Cuong Nguygen was driving a car owned by his brother, Minh Nguyen. Both drivers were taken to the hospital by ambulance.

On January 6, while in the hospital, McKeel’€™s amniotic sac broke. She was given antibiotics and remained in the hospital for two weeks. Yet infection developed, and the placenta abruption (a condition in which the placenta looses from the uterine wall) caused bleeding. The baby had to be delivered via emergency c-section.

Although the defense succeeded in an effort to drop the owner of the car from the case, they failed to remove Limelight Bar & Grill, the business in which the driver and brother were part owners, from the case. Limelight Bar & Grill was covered by a $2 million auto insurance policy.

Auto Accident Injury Cases at Moraitakis & Kushel, LLP

At Moraitakis & Kushel, LLP, we understand how damaging an auto accident can be. Cases like McKeel’s are particularly tragic. As experienced auto accident lawyers we know that in addition to property damage, you may be left with physical and emotional wounds, mounting medical costs, time out of work, and many other emotional and financial issues.

If you or a loved one was significantly hurt in a collision, call Moraitakis & Kushel LLP at (404) 261-0016 to schedule a consultation. Your initial consultation is free, and you pay no attorney’€™s fees unless we collect a settlement or win a jury award on your behalf. You never have to accept the insurance company’€™s first offer.

Families Of 4 Killed In Thomson Plane Crash File Multiple Suits

The families of several of those killed in an executive jet that was trying to land at Thompson-McDuffie County Airport have filed suit against multiple defendants in Fulton County Superior Court, according to a new article. Defendants include: Georgia Power Co., Southern Co., McDuffie County, the city of Thomson, Milliken & Co., Spirit Aviation, and The Sky’s the Limit d/b/a Executive Shuttle, the company that employed both pilots.

Three of the four suits also name aircraft company Pavilion Group, to whom the aircraft belonged, and the estate of Roth, one of the deceased victims who owned Pavilion. His widow and executrix, Mary Anne Roth was also named in the suit.

The four suits accuse all of the defendants of negligence which, the plaintiffs allege, lead directly to the accident. Attorney Nicholas Moraitakis from Moraitakis and Kushel, LLP is representing the families of the victims of this tragic incident.

Negligence and Wrongful Death Cases at Moraitakis and Kushel, LLP

Moraitakis and Kushel, LLP have over seventy years of combined experience dealing with wrongful death cases. They also have a proven track record of getting victims the compensation they need for their pain and suffering. We proudly work on a contingency-fee basis, meaning that if we do not win your case, you do not owe any payment.

Additionally, your first call or visit to us is free of charge, as we will sit down with you to determine if you have a case, and if so, the steps we can take to resolve it. Let Moraitakis and Kushel get you the compensation you deserve for your negligence or wrongful death case.

Contact us at (404) 445-1411, or toll-free at 1-800-688-2357 today for your free consultation.

Elements of a Successful Products Liability Case

The laws of products liability vary by state, but there are common requirements and factors in products liability cases that allow plaintiffs to be successful. The three types of liability include manufacturing defects, design defects, and a failure to warn (marketing defects); shoddy materials, inherently hazardous design, and inadequate warnings of nonobvious threats are often what cause product liability cases.

When these defects arise in a product, individuals may be injured or even killed. It is your right as a consumer in the market to receive safe products. Moraitakis & Kushel, LLP represents clients who have been harmed due to products they have used.

Establishing a Products Liability Case

In order to have a valid products liability claim, consumers must establish negligence, strict liability, breach of warranty, and sometimes tortious misrepresentation.

Negligence occurs when a producing or selling entity breaches its duty of care to the consumer, and the breach of care causes harm or injury that results in damages. Strict liability occurs when a company is held accountable for a defective product, regardless of negligence; these laws vary by state. Breach of warranty refers to both express warranties and implied warranties. Express warranties are written or stated, while implied warranties are applied to products by law even if they are not included upon purchase.

Tortious misrepresentation is another basis on which consumers may file suit. Tortious misrepresentation occurs when a seller gives false or misleading information about a product. Defectiveness is not an issue in these cases, but rather false communication.

Who is Liable in Products Liability Cases?

Manufacturers, suppliers, and retailers have a duty to consumers to sell and make products that are safe. Injured consumers can bring claims against anyone involved in the design, manufacturing and marketing of the product that has harmed them. This may include parties such as:

  • Product manufacturers
  • Components parts manufacturers
  • Product assemblers
  • Installers
  • Wholesalers
  • Retailers

Identifying these parties with the help of our attorneys will help clients receive the maximum compensation. The statute of limitations limits the amount of time a plaintiff may bring a case against a defendant. In the state of Georgia, product liability cases must be filed within two years from the date of injury—or in cases of fatality, surviving family members must file within one year of the date of death.

The legal team at Moraitakis & Kushel, LLP will help you receive the compensation you deserve from any responsible parties. You have a right to recompense for any damages, including medical bills.

Contact Moraitakis & Kushel, LLP

For more information regarding products liability cases, contact Moraitakis & Kushel, LLP. Our legal team works in a timely and cost-efficient manner, assuring our clients’ best interests are kept in mind at all times.

Your first consultation is free, call the office at (404) 445-1411.

Elder Abuse Law Firm in Atlanta

Elder abuse in Atlanta nursing homes is almost unthinkable. Unfortunately, it is far more common than you might imagine. If your loved one has been the victim of abuse while living as a resident in a nursing home or senior center, the first thing you must do is find a reputable elder abuse law firm in Atlanta.

Legal Representation Specializing in Elder Abuse Cases

When seeking out an elder abuse law firm in Atlanta, there are a few things you should consider:

  • Find an attorney with experience and specialization in nursing home and elder abuse in Atlanta. Nursing homes are often represented by powerful insurance groups, and they can be intimidating for some law firms.
  •  Make sure the Atlanta elder abuse law firm that you are considering has more experience representing plaintiffs rather than defendants (for example, insurance companies and nursing home communities).
  • When looking for an elder abuse law firm in Atlanta, ensure that the attorneys you are speaking with are familiar with Georgia nursing home law and the basic rights of those living in nursing homes and long-term care facilities.

At Moraitakis & Kushel, LLP, we satisfy all of these criteria, and have years of experience in dealing with elder abuse in Atlanta nursing homes. The only way to stop this problem is to hold these nursing homes and long-term care facilities responsible for their actions. So if you’€™re in need of an elder abuse law firm in Atlanta, call us today for a free consultation.

We stand by our work, and are proud to take your case on a contingency-fee basis, which means that you do not owe us any money unless we are able to win your case and secure compensation for you and your loved ones.

Contact the Leading Elder Abuse Law Firm in Atlanta: Moraitakis & Kushel, LLP

When you’€™re trying to move on from a tragedy like elder abuse, it’€™s tough to know who’€™s on your side. We know the struggle to find an elder abuse law firm in Atlanta is difficult, so let Moraitakis & Kushel, LLP make your experience as stress-free as possible.

Call us toll-free at 1-800-688-2357, or locally at 404-445-1411 today for your free consultation with our team of expert attorneys in Georgia nursing home law.

Drunk Driver Runs Through Fatal Accident Scene

In the early morning hours of November 9th in Miami, a drunk driver reportedly barreled through the scene of an already-fatal car accident. Police were processing the scene of the fatal accident when 29-year-old Juan Frias drove through the scene at a very high rate of speed, police report. Frias struck and killed a dog, and nearly hit several people at the scene. He was soon detained and arrested for driving under the influence.

According to the CDC, almost 30 people die in the United States every day as a result of an accident involving a driver who is under the influence. People who drive over the legal limit not only put themselves in danger, but also other pedestrians and drivers on the road with them. While there are some preventative measures in place, like the availability of taxis and other driving services, as well as sobriety checkpoints, many people still choose to drive drunk.

If you or a loved one has been injured in an accident caused by an alcohol-impaired driver, there is unfortunately no way to go back in time and change what happened. Injuries caused by a drunk driver can leave victims with hefty medical bills, serious injuries, and acute emotional distress. What you can do, however, is seek the legal counsel of expert attorneys who will help alleviate your suffering.

Contact Moraitakis & Kushel, LLP for Car Accident Legal Counsel

If you or a loved one have been injured in a drunk driving accident, call the attorneys at Moraitakis & Kushel, LLP for legal guidance and support. Our attorneys are well-versed in Georgia’s laws regarding driving under the influence, and work tirelessly to ensure that their clients receive the compensation they deserve for their injuries.

If you would like to schedule a free consultation in our Atlanta office with our expert legal team, call Moraitakis & Kushel at (404) 261-0016 or 1-800-688-2357.

Truck Driver Looking at Facebook at Time of Crash

Last May, Arizona Department of Public Safety officer Tim Huffman was killed when truck driver Juan Espinoza ran into several emergency vehicles that were responding to a roadside accident. Investigators who examined the dashboard camera of Espinoza’€™s vehicle found that he was perusing Facebook and looking at pictures of scantily clad women at the time of the fatal crash.

Video evidence also revealed that Espinoza’€™s wallet was blocking the view of the dash camera as he plowed into 3 police cars and 2 fire trucks on Interstate 8 highway. Investigators allege that the 33-year-old truck driver intentionally placed his wallet in front of the dash camera so that he could €œlook at or manipulate his phone’€ without being recorded.

Just before impact, another police officer was seen waving frantically in an attempt to get Espinoza’s attention. When he realized that the distracted driver wasn’t looking, he jumped out of the way to safety. Moments later, Espinoza’s white phone was seen flying through the air.

In 2012 alone, over 400,000 people were injured in motor vehicle accidents involving a distracted driver. If that statistic isn’€™t sobering enough, consider this: at any given daylight moment, approximately 660,000 drivers are using cell phones or interacting with electronic devices while driving.

Trucking Accidents at Moraitakis & Kushel, LLP

If you or a loved one has been wrongfully injured by the negligent acts of another, contact the expert trial attorneys at Moraitakis & Kushel, LLP. During your free initial consultation, we will listen to your case and explain your legal options. If we take your trucking accident case, we will use our experience and extensive resources to fully investigate the accident and gain the compensation that you deserve.

Below are some of the case results achieved by the lawyers of Moraitakis & Kushel, LLP:

$600,000.00 : Auto Accident (Orthopedic Injuries)

$495,000.00 : Commercial Vehicle Accident with Traumatic Brain Injury

DeKalb Couple Injured in Trucking Accident Awarded $3.2 Million

After 12 long hours of deliberation, a DeKalb County jury awarded Johnny and Carolyn Parks, a Flowery Branch couple injured in a trucking accident on June 21, 2011, a $3.2 million verdict. Of that sum, $2.8 million was awarded to the injured couple, and $392,000 accounted for attorneys’€™ fees.

According the plaintiffs’€™ attorney, Andrew Ausband, Johnny and Carolyn Parks were traveling in the second right hand lane of I-85 when they saw a HERO unit stopped ahead. The driver had left his vehicle, and was trying to remove a large tire tread from the road. Both Parks and the driver in front of him stopped; the tractor trailer, however, did not.

Driven by Jessie Arnold, the Atlanta Dealer Trades tractor trailer plowed into Parks’€™ vehicle from behind, forcing their car 60 feet ahead and into another lane of moving traffic. Unable to stop, the truck also struck the car that had stopped in front of the Parks, as well as the HERO unit driver.

The defense counsel, led by Adam Long of Eraclides, Gelman, Hall, Indek, Goodman & Waters, argued that Arnold had tried to apply the brakes, but the braking system failed. The truck, which had been purchased just three months before and was apparently in good condition, was sold to Atlanta Dealer Trades by a company called JCF Auto Transport, Inc. in Cleveland, Ohio.

The $3.2 million verdict would have been even greater, but the DeKalb County jury had difficulty deciding whether or not to award punitive damages against the defendant, Atlanta Dealer Trades. In an attempt to motivate the deadlocked jury to reach a verdict, the State Court delivered an Allen charge; after almost two more hours of deliberation, he mentioned that he was inclined to call a mistrial. In order to avoid this, Ausband quickly withdrew the claim for punitive damages, removing the burden of decision from the jury.

Trucking Accident Law at Moraitakis & Kushel, LLP

If you or a loved one has been injured in a tractor trailer accident caused by the negligence or willful misconduct of another, contact the expert trucking accident lawyers of Moraitakis & Kushel, LLP. Equipped with over 70 years of combined experience, Glenn E. Kushel and Nicholas C. Moraitakis have the resources needed to help you gain the compensation that you deserve.

Listed below are just a few of the case results achieved by the trucking accident attorneys of Moraitakis & Kushel, LLP:

  • $600,000 €“ Automobile accident that caused orthopedic injuries
  • $495,000 €“ Commercial vehicle accident resulting in traumatic brain injury

For more information, contact our Atlanta-based trial law firm at (404) 445-1411.

Common Causes of Trucking Accidents

Trucking accidents are on the rise with the increased need to transport goods and always-growing population. Federal laws govern the trucking industry, but they are often ignored by drivers and other companies associated. Trucks cause severe damage in accidents on the road due to their sheer size and weight.

The Federal Motor Carrier Safety Administration (FMCSA) regulates the amount of hours truck drivers operate their vehicles. It is not uncommon for drivers to ignore these rules and succumb to driver fatigue—one of the most common causes of trucking accidents. Other driver errors include inattention, substance abuse, and failure to adjust to road conditions during inclement weather.

Equipment failure, like defective tires and brakes, is another common cause of trucking accidents. Truck drivers and their companies are required by law to do pre-trip inspections as well as regular maintenance on their trucks.

The FMSCA also regulates the loading of trucks as well as the securement of materials. Truck loads must be distributed evenly on trailers. An imbalanced load may cause trucks to flip or lose traction. Unsecured materials or goods can fall into lanes while the truck is moving, causing life-threatening accidents.

Who is Liable in Trucking Accidents?

In addition to a driver, trucking companies may be held accountable for trucking accidents. Many times these companies practice unsafe ideals with schedules and loading. Additional parties that may be held responsible may include:

  • Parts manufacturers that assemble defective vehicles
  • Cargo companies that overload trucks
  • Shippers that do not conduct background checks on trucks or truck drivers

It is always important to work with experienced lawyers after a trucking accidents. Each party may have their own lawyers and insurance companies that will work to deflect any responsibility from the defendants. The legal team at Moraitakis & Kushel, LLP understands how severe and traumatic trucking accidents can be. Our attorneys will gather the necessary evidence and file all essential documents for your trucking accident lawsuit.

Contact Moraitakis & Kushel, LLP

Moraitakis & Kushel, LLP are Atlanta’s premier trucking accident lawyers. If you or a loved one has been injured due to a trucking accident, contact our expert staff. Your initial consultation is free, call: (404) 445-1411.

Do I Have a Civil Rights Case?

Your civil rights protect you from discrimination and repression, they are the right to receive equal treatment under the law. If any individual, social group, or government agency infringes upon your rights, you may be able to file suit against them.

Lawsuits must be filed within specific time frames after an offense takes place and sometimes must first be filed with state or federal agencies. For example, the laws governing the ability to file discrimination vary by state; in Georgia state agencies cannot discriminate but employers can terminate without reason. Discrimination claims have to be filed with Equal Employment Opportunity Commission (EEOC) within 180 days of the occurrence and before filing charges with a private representative.

Navigating these legal cases can become extremely complex and may even be brought to federal courts if necessary. Having a competent civil rights attorney will make all the difference in pursuing any allegations of violation of civil rights. The legal team at Moraitakis & Kushel, LLP is experienced and skilled in handling difficult civil rights cases, earning us the respect of the community and our peers.

What Are My Rights?

Your civil rights may be infringed upon in settings like housing and work environments, healthcare facilities, and educational institutes. These rights protect you against discrimination on the basis of:

  • Gender
  • Sexual orientation
  • Religion
  • Disability
  • Nation of origin
  • Race

The civil rights of Americans assure justice and fairness in society. Your rights include those such as:

  • The right to equal protection
  • The right to due process
  • The right to be free from excessive force
  • The right to a fair trial
  • The right to assemble
  • The right to speech and expression
  • The right to privacy

Many cases involving your civil and political rights may stem from an entity or individual failing to acknowledge these rights—invasion of privacy, police brutality, unlawful strip searches, racial profiling and many other circumstances may impede on your rights.

It’s important to talk to an experienced attorney to discuss any situations you believe may have violated your rights. These cases can become complicated, but you should always protect your rights. The lawyers at Moraitakis & Kushel, LLP are dedicated to representing clients in civil rights cases.

Contact Moraitakis & Kushel, LLP

Your rights are protected under the constitution and the state of Georgia. Never be afraid to pursue filing charges—it is your right. Moraitakis & Kushel, LLP are the experienced Atlanta attorneys for civil rights cases.

Contact our legal team today, your first consultation is free, call: (404) 445-1411.