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by The Stoddard Firm - March 21st, 2019
Simply walking down the street can be a risky endeavor in Atlanta, where obstructed and deteriorating sidewalks are a fixture of everyday life. Getting around safely is even more difficult for those Atlanta residents for whom walking itself is challenging or impossible. Small cracks and rises that many able-bodied pedestrians don’t notice can pose a serious danger and obstacle for users of wheelchairs and other assistive devices.
That’s the reason for the latest lawsuit concerning Atlanta’s sidewalks. Three Atlanta residents with physical disabilities have filed a class action lawsuit against the city, on behalf of themselves and others in similar situations, for its failure to comply with the Americans with Disabilities Act.
Being sued for the condition of public sidewalks is nothing new for Atlanta. Under a settlement from 2009, the city was required to establish a system for citizens to report deteriorated sidewalks, as well as create curb ramps on all sidewalks constructed or altered since 1992. The deadline for the required upgrades was 2012, and seven years later, they still have not been done.
In fact, it’s unclear how the city ever planned to comply with the settlement. Atlanta has a long-standing policy of spending little to nothing on sidewalk maintenance, in spite of the desperate need for repairs that would cost a fraction of typical road maintenance spending. It wasn’t until the passage of a new ordinance in 2015, three years after the unmet deadline, that sidewalk repairs became part of the city budget — a much smaller part than would be needed to keep up with deterioration, much less make any forward safety progress.
Officially, Atlanta home and business owners are responsible for the cost of maintaining sidewalks adjacent to their properties. Regardless of whether that arrangement is economically fair or not, it certainly hasn’t been effective at keeping Atlanta’s sidewalks safe and traversable. This is partly because issuing a citation to a landowner for unsafe sidewalks means acknowledging that the sidewalks are unsafe. Having documented foreknowledge of a hazard only makes the city more obviously liable for any resulting injuries, giving city officials every incentive to avoid enforcing maintenance standards.
The results of this stalemate can be felt underfoot by hundreds of thousands of Atlanta residents, and those who need wheelchair-accessible routes continue to find themselves stranded, or forced to choose between battling street traffic or risking a fall.
The plaintiffs of the suit have stated that they’re not seeking money; they only want to see the problem fixed. That’s a noble goal, no question. Fixing Atlanta’s sidewalks means fairer accessibility for all residents and visitors, and each improvement stands to protect countless potential victims from injury. In the meantime, however, residents both with and without disabilities continue to fall and hurt themselves, sometimes badly, and the snowballing expense of medical bills and lost work can make it difficult for many to get figuratively back on their feet.
If you’ve been injured because of Atlanta’s crumbling sidewalks, call the Stoddard Firm or reach out through our online chat function to learn how we can help you get the compensation you deserve.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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