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by The Stoddard Firm - July 7th, 2020
In one of the more senseless MARTA accidents yet, a pedestrian has been struck and killed by a bus while crossing Martin Luther King Jr. Blvd at H.E Holmes drive in Atlanta.
It was about 1:15 in the afternoon on Sunday, June 7th — in other words, broad daylight, and not during peak commuting hours. The pedestrian died at the scene, and an investigation indicated that the bus had run over the victim. No identifying information has been released, except that the victim was an adult.
Criminal charges have been filed against the driver.
This accident resembles plenty of others, in which the buses that are supposed to make Atlanta greener and more accessible have instead left a trail of unnecessary injuries and deaths. Almost exactly a year earlier, a woman was struck and killed by a MARTA bus on Cleveland Ave, and another was hospitalized for injuries to her feet caused by a separate MARTA bus in Midtown.
As recently as three months ago, a traffic collision involving another MARTA bus cost five lives, four of them minors. The roads were wet at the time of the crash, but the exact cause was not immediately apparent.
Some of these accidents reflect badly on MARTA more due to their frequency than their individual circumstances, but this can’t be said of the fatality on MLK Blvd. Pedestrians have the right of way on crosswalks. It’s illegal for a vehicle to enter one if there is a pedestrian already using it, unless the pedestrian is on the opposite side of the road and more than a lane away.
Pedestrians are not allowed to dart in front of vehicles without leaving them room to stop, but in all other cases, accidents in crosswalks are the driver’s fault. Even when pedestrians exercise less than ideal timing, drivers have a duty to avoid hitting them if at all possible.
This person’s death was almost certainly avoidable and a result of the MARTA driver’s carelessness, distraction, or indifference.
Pressing criminal charges against the driver is reasonable under the circumstances, but it’s only the first step of addressing this tragedy, not the last. In conjunction with all the other accidents involving MARTA buses, this one should be taken as a sign that MARTA’s hiring, training, and/or working conditions for drivers are in need of examination and overhaul. It’s not clear whether this driver had an unsafe driving record before this incident, had too little experience, or was under dangerous pressure to complete routes on time at any cost. What is clear is that a fatal error was made, that it was not the first, and that MARTA has a responsibility to break this deadly pattern.
If you’ve been injured as a result of MARTA’s negligence, The Stoddard Firm can help.
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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