Tag: Transportation Accidents

Off-duty Santa Receives $1M Settlement with Trucking Co.

An off-duty Santa Claus has received a settlement of $1 million after a collision with a truck from DSL Express Trucking, Inc. After an initial erroneous report, and a subsequent investigation, Larry Bramlett of Suches, Georgia, reached an agreement with the defendant in settlement of the lawsuit.

On March 25, 2011, Mr. Bramlett and his wife Mary were travelling on I-75 in Henry County, Georgia, when the driver of the truck hit the trailer carrying their Harley Davidson motorcycles. This caused a wreck, injuring both Mr. and Mrs. Bramlett, and a lawsuit was filed June 24, 2011, in Henry County State Court. In the last two years, both Larry and his wife have undergone spinal disc surgeries for their neck and back injuries, of which they have now both recovered.

The initial police report ruled Mr. Bramlett was at fault, but after an accident reconstructionist was hired, it was proven that the driver did indeed hit their trailer. The police report was changed, and the charge against him was dropped. The two parties reached an agreement in early April of this year, and the off-duty Santa received his $1M settlement.

Trucking Accident Cases at Moraitakis and Kushel, LLP

The Atlanta trial lawyers at Moraitakis and Kushel, LLP are veterans in trucking accident litigation who are not intimidated by complex cases or corporate lawyers. The highways around Atlanta and all of Georgia can be very dangerous, and we are here to represent your best interests. We will fight for  maximum compensation in settlement negotiations, or if needed, at trial. Moraitakis and Kushel, LLP are leaders in trucking accident cases.

As in Mr. Bramlett’€™s case, it is important to have qualified legal representation if you or a family member has been in a trucking accident. We also have extensive experience in cases of wrongful death.

Call Moraitakis & Kushel, LLP at (404) 261-0016 or 1-800-688-2357, or send us an e-mail to schedule your free consultation with a trucking accident attorney.

Jury Awards $15M in Fatal Car Crash

The parents of a young man killed in a car crash won a jury award of more than $15 million. Their son and the other members of a wedding party were slammed from behind by a speeding drug representative from AstraZeneca. The rep had a long history of speeding and other traffic violations.

The verdict included $10 million for the life of Kaleo Hewlett (age 22), the best man in the ceremony, and $5 million for his pain and suffering before dying. The jury assessed Hewlett as €œan exceptional young man’€.

The driver of the other car admitted liability before the trial. AstraZeneca’€™s last offer before the trial was a $4.5 million settlement.

The crash occurred in August 2008 while Hewlett and four other passengers were riding in a Kia following a wedding at the Mormon Temple in Atlanta. The group was on their way to the reception. The Kia was traveling at 15 to 20 miles per hour, while the oncoming Ford Sedan, driven by Richard Brown, slammed into its rear end. According to the black box recorder and accident reconstruction, Brown was driving at 70.2 mph.

Brown had already gotten 15 speeding tickets since 1995, 12 of which he got after joining AstraZeneca in 1999.

Wrongful Death Cases at Moraitakis & Kushel, LLP

At Moraitakis & Kushel, LLP, we have the knowledge and experience you need to win the compensation you deserve. Our skilled attorneys have won numerous settlements in wrongful death cases.

As a family member of someone whose life was cut short in a tragic accident, you probably have mixed’€”and very strong’€”emotions about pursing a wrongful death suit. Although nothing can undo the tragic turn of events, we will seek damages in your suit for medical expenses, pain and suffering, loss of companionship, and loss of earning potential. We are here to for the memory of your loved one.

Call (404) 445-1411 to schedule your free consultation today. You pay no attorney’€™s fees unless we obtain a settlement or win a jury award on your behalf.

Injured Marta Bus Rider Wins $29,000 Settlement

A man injured as he walked through a moving MARTA bus recently won a $29,000 settlement. Yet his lawyer had doubts about the case. Two-thirds of the potential jurors answered “yes” when asked if they were suspicious of clients who file lawsuits. To make matters worse, MARTA had been fighting the case for over two years, leaving at least one juror certain that MARTA had to be in the right.

Fortunately for the client, Carlton Williams, his lawyer, Steve Goldman agreed to forge ahead with the case. Williams was originally awarded $300,000 in damages, but the sum was decreased because the jury decided Williams was 22{feda45885e261fa14202848ec0416fdb5a1c332b072331bc4b7a4cd461f32529} responsible for his accident. Accounting for appropriated liability and pre-judgement interest, Williams walked away with nearly $240,000.

Goldman said he offered to file Williams’ claim for $50,000 before the trial. MARTA made a counter offer of only $7,500.

The incident occurred in October 2010 just after Williams boarded a bus on Covington Highway near Memorial Drive. Williams, then age 57, claimed the bus driver did not give him enough time to reach a seat. As the driver went into a turn, Williams was hurled back, then thrown right across the first row of seats, across a few other passengers, and into the window.

The driver’s testimony that he was not supposed to wait an extra second or two for a rider to take a seat seemed to be the key to the verdict.

Public Transportation Accidents at Moraitakis & Kushel, LLP

MARTA is funded by taxpayers and is therefore obligated to maintain all buses, trains and facilities it operates. This means if you slip and fall due to rainwater not being moped up or sustain an injury from using stairs or equipment left in disrepair, you may be entitled to a negligence settlement.

At Moraitakis & Kushel, LLP, we can file a claim on your behalf for monetary damages, such as lost wages, medical and hospital costs. We will also consider future expenses associated with reconstructive surgeries, the loss of your quality of life and earning potential.

If you or a loved one was seriously injured in any kind of public transportation accident, please contact us (404) 261-0016 or at 1-(800) 688-2357. Your first consultation is free.

How to Find the Best Tractor Trailer Accident Lawyer

If you have been the victim of a tractor trailer accident, you may realize you can encounter many difficulties trying to get compensation for your injuries and suffering. If you or someone in your family has had to deal with the horror of a tractor trailer accident, the first thing to do is find a qualified trucking and tractor trailer accident attorney.

Top Tips for Choosing a Tractor Trailer Accident Lawyer

At Moraitakis & Kushel, LLP, in Atlanta, Georgia, we understand what it takes to get you the compensation you deserve for any suffering you have accrued as a result of a tractor trailer accident or wreck.  Here are some important tips you can use to find the right attorney should you or a member of your family finds themselves the victim of a trucking accident:

  • If you have a lawyer that you already know or use, ask them for a recommendation. If they do not specialize in trucking and tractor trailer accidents, they may be able to refer you to someone who does. At Moraitakis & Kushel, we are proud of our expertise in representing victims of trucking and tractor trailer accidents.
  • Make sure that the lawyer you are considering works on contingency. This means that you shouldn’€™t have to pay them anything unless they win your case. A reputable lawyer will give you an honest assessment of the likelihood of a successful judgment, so contingency should not be a problem for someone willing to take the case. We are proud to work for our clients on contingency here atMoraitakis & Kushel, LLP.
  • Get as much information on your potential lawyer as possible. A site like Martindale.com is a good place to start. This widely recognized resource measures the effectiveness of lawyers based on the Martindale-Hubbard rating system, an industry standard for the legal field. At Moraitakis & Kushel, LLP, we have garnered a perfect 5 out of 5 rating from our peers in the legal field. That means that other lawyers and legal professionals have recognized our commitment to excellence, and have expressed it as such.

These tips will help you finding the right attorney to guide you and your family through this confusing and trying time. You’€™ve been victimized, and the insurance agency representing the trucking company will do everything they can to alleviate themselves of legal culpability for causing you harm.

Call Our Team at Moraitakis & Kushel, LLP

Let the trucking law experts at Moraitakis & Kushel in Atlanta, Georgia, get you the compensation you deserve for your pain and suffering. Call us at 404-445-1411 or 1-800-688-2357 for your free consultation today.

Hours of Service Laws Aim to Prevent Trucking Accidents

With long shifts and hours of endless driving, staying awake at the wheel isn’t an easy task. In fact, 31 percent of all trucking accidents are caused by fatigue, which is more than the percentage alcohol and drug related truck accidents combined.

The consequences of fatigued truck driving gained the attention of the general public on June 7, 2014, when comedian and entertainer Tracy Morgan and seven other passengers were hit by a Wal-Mart truck while riding in a limo-bus on the New Jersey Turnpike. The crash killed one passenger, James McNair, and left the survivors with severe injuries.

The truck driver, Kevin Roper, had apparently been behind the wheel of the truck for over 24 hours without any sleep, a clear violation of hours of service laws. This fatigue is ultimately what caused the collision, and Roper faces charges of vehicular homicide.

What are Hours of Service Laws?

The Hours of Service laws were put in place to protect drivers and other passengers on the road from fatigue-related accidents. These laws include:

60/7 or 70/8 Rules. This allows truckers the freedom to choose between the two rule sets, both of which set limitations on the amount of driving that can be completed in consecutive days. A driver cannot exceed 60 consecutive hours in a seven day period or 70 consecutive hours in an eight day period. Once they have accumulated those hours, they must take a 34-hour rest break.

30 Minute Break Rule. This rule makes it mandatory for every driver to take at least one 30 minute break for every eight hours of driving. This break must be “off-duty” in which they can eat or take a nap, but cannot be driving.

The 14-Hour Window Rule. No matter how many 30-minute breaks have been taken, there is a strict 14-hour driving window for all truck drivers. For example, if a driver begins his route at 6:00 AM, he must stop driving at 8:00 PM. Breaks do not extend this 14 hour window.

The 11-Hour Limit Rule. Within the 14-hour window, drivers are only allowed to drive for 11 hours. So while they have a 14-hour work window, they cannot drive for 14 hours consecutively, even with breaks. Eleven hours is the maximum driving limit, before the driver must take 10 hours off to rest.

The 34-Hour Restart Rule. This rule requires that in order to “restart” their 60/7 or 70/8 work week, a driver must spend at least 34 hours off-duty. This means 34 hours of complete free time for the driver. This time does not include non-driving work, but must be given to the driver for rest and sleep.

Contact Moraitakis & Kushel, LLP, Truck Accident Lawyers

Trucking accidents caused by fatigue can have fatal and serious consequences. Violating the hours of service laws can be seriously dangerous and puts the truck driver and all other drivers on the road at risk.

If you or someone you love was injured in a trucking accident by a driver asleep at the wheel, hours of service violations may be the cause. In order to receive just compensation for your physical, emotional, and financial damages, contact the truck accident lawyers at Moraitakis & Kushel and begin your journey to justice today.

To contact our office, call us at 404-445-1411 or toll free at 800-688-2357 and schedule your free consultation.

Georgia Trucking Wreck Lawyers

Georgia’€™s highways can be very dangerous. When accidents happen, know you can count on Moraitakis and Kushel, LLP to pursue your legal rights as leading Georgia trucking wreck lawyers.

Atlanta law partners Nicholas Moraitakis and Glenn Kushel both have extensive experience trying Georgia trucking wreck cases. If we take your case, we will do our best to obtain the compensation that you and your family deserve from suffering from such a catastrophic accident. The choice you make for representation is crucial in determining the outcome of your case, and we have years of success as Georgia trucking wreck lawyers.

Determining fault and/or negligence of a truck driver, the ramifications of possible permanent injury and obtaining proof for just compensation are all issues that we address in evaluating your case. These issues, and others, are imperative to consider for a successful outcome. For more information on trucking accidents, click here on our website.

We have over seventy years of legal experience to help you feel confident in choosing Moraitakis and Kushel, LLP as your Georgia trucking wreck lawyers. If you would like to read some personal stories from people we have helped, please take a look at our testimonials.

Striving for the best possible outcomes, our attorneys and staff have the knowledge and skill set that have garnered a long record of success. We understand that there truly is no substitute for loss, but provide the best in legal representation when tragedies do occur.

Reach Out to Moraitakis & Kushel for a Free Consultation

Call or contact us online for a free consultation regarding your trucking wreck case in Georgia: 404-445-1411 or toll-free number at 1-800-688-2357. As your Georgia trucking wreck lawyers, we will do our best to get you the just compensation you deserve.

Fulton County Cracks Down on Unsafe Trucking Practices

If sharing the road with tractor trailers doesn’€™t make the average Atlanta commuter a little nervous, then the following safety statistics should. According to the National Highway Traffic Safety Administration, more than 31 percent of all Georgia trucking accidents resulting in fatalities occurred in Fulton County in 2011. If that statistic isn’€™t frightening enough, consider that deaths from tractor trailer accidents account for more than 13 percent of all vehicle fatalities in the entire county.

This past summer, the Federal Motor Carrier Safety Administration decided that enough was enough. The organization helped to pass new laws that focus on minimizing the fatigue associated with long hours on the road and reducing the risk of tragic trucking accidents. Advocates of motor vehicle safety believe that these new laws will help to prevent a total of 1,400 crashes and save innocent lives.

New trucking laws mandate that tractor trailer drivers:

  • Cannot work more than 14 hours in a 24 hour period.
  • Cannot record more than 70 hours of work during a specified work week.
  • Must take a 30 minutes rest for every 8 hours of recorded work.

If truck drivers or trucking companies are caught violating these new laws, they will be subject to any and all fines imposed by the Federal Motor Carrier Safety Administration.

Trucking Accidents at Moraitakis & Kushel, LLP

Although it is good to know that Atlanta lawmakers are working to keep our roads safe, accidents still happen. The Atlanta trucking accident attorneys at Moraitakis & Kushel, LLP are committed to helping victims of trucking accidents gain the compensation and peace of mind that they deserve.

If you or a loved one has been hurt in an Atlanta trucking accident, call Moraitakis & Kushel, LLP at 404-445-1411 or 1-800-688-2357 for a free initial consultation.

Find the Best Lawyer after a Georgia Highway Car Wreck

Were you or a loved one seriously injured in a truck or auto accident on a Georgia highway? If so, it’€™s vital that you seek legal representation as soon as possible. Although the insurance company of the party at fault is responsible for paying damages, insurance companies are notorious for offering settlements that won’€™t cover all medical bills and other expenses. Fortunately, Moraitakis & Kushel, LLPis here to tell you how to find the best lawyer after a Georgia highway car wreck.

An auto or truck injury case may involve a personal injury claim, wrongful death, or a number of other injury claims like spinal cord injuries or brain injuries. You will want to find an attorney who has extensive experience representing the type of claim you have.

Guidelines for Choosing Your Georgia Highway Wreck Attorney

During your consultation, be sure to provide as much information as possible and ask questions to learn more about the attorney’€™s background. Questions you may want to ask include:

  • What percent of your practice is devoted to auto or truck injury cases?
  • How much experience do you have with the type of injury in question?
  • What is a typical settlement range for a case like mine?
  • What fees do I have to pay, and what out of pocket expenses am I responsible for?

At Moraitakis & Kushel, LLP, we specialize in representing truck wreck and auto accident injury cases, and have already won settlements for many others just like you. We also represent wrongful death claims in the event that you have lost a loved one.

Contact Moraitakis & Kushel for Georgia Wreck Representation

Call (404) 445-1411 to schedule your consultation with a truck and auto accident injury lawyer at Moraitakis & Kushel, LLP.

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.

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 Law.com 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.