I write a blog about the car accidents that occur in Georgia. In my recent legal blog entries, I have been looking at statistics about fatal car crashes in Atlanta, looking for patterns that might help us decrease the number of lives lost on Atlanta roadways. As a city, we need to pay attention to how, where and why people are being killed on our streets, so that we can talk about how we can make our roads safer. Today I want to look at the statistics that the government tracks on how many accidents are caused by drivers who were drunk or DUI (driving under the influence), and where those accidents are most likely to happen. The data suggests that DUI accidents are more likely to occur at intersections, and more likely to involve more than one vehicle, than are accidents where neither driver is under the influence of drugs or alcohol.

The data I have been reviewing is provided by a database maintained by the federal agency, the National Highway and Traffic Safety Administration ("NHTSA"). The government compiles data about deadly car wrecks from all over the United States into a database known as FARS (Fatality Analysis Reporting System). I have been reviewing the 2009 data available for Atlanta, Georgia at city-data.com. I represent people in wrongful death lawsuits here in Atlanta, for example, when someone loses a loved one in a car accident. Of course, in raw numbers more accidents occur in the Atlanta area than anywhere else in Georgia, since so many people live and drive here, and since the traffic is particularly heavy.

From the data available for wrecks that occurred in Atlanta in 2009, we can conclude:

1. Twelve of the 45 wrecks in which someone was killed - something just above 1/4, or 27% -- involved situations where the police observed that one of the drivers was under the influence of drugs or alcohol.

2. Six of these twelve car accidents, or 50%, were single-vehicle accidents. Five of the remaining six deadly Atlanta auto wrecks involved two cars. Only one involved three cars in the crash.

3. In one of the twelve wrecks a pedestrian was killed. In the other 11, either a driver or a passenger died, although it was not clear whether the drunk driver or the other driver died, or in which car the passengers was riding.

4. In each of the twelve DUI crashes that involved a death, one person was killed in the car accident. None of the vehicles involved several people being killed in the car accident.

5. One unusual fact was that a significantly higher number of DUI wrecks were at intersections. Of the 45 Atlanta car accidents in which someone died, 20 of the wrecks -- 44 % -- were along a single highway or road, while 25 of the 45 - 66 % of the fatal accidents -- were at intersections. By contrast, a a full 9 of 12 of the accidents that involved DUI drivers occurred at intersections. So, while 66% of all fatal car crashes in Atlanta occur at intersections, 75% of the ones that involve a driver who was drinking occur at intersections. Clearly, then, intersections are riskier places for drivers who are under the influence, and for passengers, pedestrians, and other drivers who may be in the car or in those intersections.

6. Six of 26 single-vehicle accidents - 23 % -- involved a drunken driver. By contrast, across all fatal car wrecks in Atlanta, 26 of 45 -more than 50% -- involved one vehicle. In other words, DUI accidents are more likely to involve a second vehicle. The difference is probably accounted for by the fact that the drunk driving accidents happened in disproportionate numbers at intersections.

Athens, Georgia is a special town to many in Georgia, because the University of Georgia is located in Athens. Being a college town, the city is a vibrant, intellectual city, full of interesting people and quirky, fun shops and restaurants.

But Athens, Georgia has a serious problem with fatal car accidents, and as a lawyer who handles Athens car wreck death cases, I wanted to talk about the fact that, given the relative size of the city, Athens has an unusually large number of fatal car wrecks, and an unusually high percentage of those fatal auto accidents involve drunk drivers.

In 2009, 18 people were killed in 16 car wrecks in Athens, a rate of .016%. 11 of the 16 deadly car wrecks in Athens - 69% -- involved drunk drivers.

To give you an idea of just how significant those number are, we can compare what happened in 2009 in Athens, Georgia, which has a population of just over 115,000, to what happened in 2009 in Atlanta - which has a population of 420,003. In 2009, 47 people were killed in the city of Atlanta in 45 accidents, a rate of .011%. Twelve of the 45 accidents - 27% -- involved drunk drivers.

Although 2009 saw a higher number of deaths from DUI car accidents in Athens than other years did, the 2009 problem was by no means isolated.

In 2008, 13 people were killed in 13 Athens auto wrecks. Five of those wrecks involved drunken drivers.

Eleven people lost their lives in 10 Athens car wrecks in 2007. Five of the 10 wrecks are marked as "Drunken drivers: Inconsistent data."

Twelve Athens DUI car wreck accidents left 12 more people dead in 2006. Seven of the 12 accidents are marked as involving drivers who were drinking.

In 2005, Athens had 10 fatal car wrecks, and another 10 people were left dead as a result. According to the data, 4 of the fatal car accidents in Athens involved driving under the influence.

2004 was a much better year, and yet still, 4 people lost their lives in 4 car accidents in Athens. One wreck involved a drunk driver, and another was marked as having "inconsistent data" about whether a drunk driver was involved.

The dip in deaths in 2004 did not last, however, and in fact the year before was much worse. Nine people died in nine Athens car crashes or accidents in 2003. Only two of the Athens car wrecks involved drivers who had been drinking before someone was killed in a car accident.

2002 saw an unusually large number of wrecks involving several fatalities. Twelve people were killed in the car wrecks in Athens, although there were only nine wrecks. One particularly tragic crash left three people dead. Two of the crashes involved drunk drivers, and there was "inconsistent data" about whether the driver in the crash that left three people dead had been drinking.

2001 was an absolutely terrible year for deaths in car wrecks in Athens. Fifteen people lost their lives in 13 car wrecks. Five of the 13 wrecks involved drinking drivers.

Twelve people were killed on Athens roads in the year 2000. The deaths were spread over 11 different accidents. According to the data, drunk drivers were involved in 6 of the 11 crashes.

I have written several car accident legal blog entries about police officers and state troopers being hit while they are parked on the side of a road in the course of performing their duties. Despite Georgia's Move Over Law (also known as the Spencer Pass Law), back in November we had one exceptionally bad, 4-day period, in which three metro Atlanta police officers were struck. One of the officers died of his injuries.

Unfortunately, we got more bad news this weekend. Late on Friday evening, January 4, 2012, an Atlanta police officer was struck on I-75 at Northside Parkway in Atlanta. Officer Osbert Beckles was working traffic near the exit. Around 11:25 p.m. Friday, Beckles was sitting in his car along I-75. Scott Eugene Welker was in a 2011 Hyundai Sonata, headed northbound on I-75. Welker ran into Beckles' police patrol car. The Atlanta police officer was trapped in his car, and had to be extricated from the police vehicle. He was taken to Grady Memorial Hospital. Officials said he had broken bones as well as head and chest injuries, and he was listed in serious condition.

Welker got out of his car and fled the scene. He was apprehended shortly afterward.

Welker, who is from Kennesaw, was charged with a host of crimes. He was charged with driving under the influence, or DUI. He also was charged with inflicting serious injury by motor vehicle and with reckless driving. He was charged with failure to maintain his lane, and with making an improper turn or improper lane change. He was charged with a seat belt violation. (I did wonder how the officers knew he was not wearing his seat belt, given that this was a hit and run and that Beckles fled from the scene before he was caught. The AJC's article did not say how the police determined that charge.)

Obviously Welker also was charged with leaving the scene of an accident. I have written several blog entries about the Move Over Law we have here in Georgia that requires Georgia drivers to stop when they have been in an accident:

The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident

O.C.G.A. § 40-6-270.

The article does not say whether the police have the results of testing that would show Welker's blood alcohol level. Under Georgia law, a person is not allowed to drive with an alcohol content of "0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended." O.C.G.A. § 40-6-391.

According to WSB-TV, Officer Beckles is expected to live, which is wonderful news for the Atlanta community. Our thoughts and prayers go out to his family and to him as he battles the injuries he has suffered.

I-20 seems to be coming in for an unusual share of tragic car accidents. In the early morning hours of Sunday, March 25, 2012, a 37-year-old man from Bremen, Georgia, was killed while driving along I-20 in a Douglas County motorcycle accident.

Jason Dale Strickland was driving a Harley Davidson motorcycle, headed home from his job as a paramedic at Grady Hospital. Mr. Strickland was headed westbound along I-20 near Lee Road. Francisco Ferrer, a 33-year-old man from Dallas, Georgia, also was headed westbound on I-20. He was driving a Honda Element, according to Dallas Man Charged in Fatal Accident that Claimed Life of Cedartown Man from Examiner.com.

Like the accident I wrote about in an last blog entry, Man Killed in Alpharetta, Georgia Car Crash: Failure to Maintain Lane, this accident actually involved two different motor vehicle accidents. Mr. Ferrer's Honda Element struck Mr. Strickland's motorcycle from the rear, and Mr. Strickland was thrown from his motorcycle into the center lane of travel.

Then, a second, big truck accident occurred. Mr. Joseph Edward Marrett, age 66, of Conyers, was driving a tractor-trailer truck along I-20. When Mr. Strickland was thrown into the center travel lane, the tractor-trailer truck hit the motorcycle driver.

The police have not filed any charges against Mr. Marrett, the driver of the truck. The police apparently concluded that Mr. Marrett was proceeding lawfully down the road, when a man was suddenly thrown in front of him, and that given those circumstances, he had no way to stop fast enough to avoid hitting Mr. Strickland.

The police have charged Mr. Ferrer, however, with driving under the influence (DUI), vehicular homicide, and following too closely.

Under Georgia law, "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway." O.C.G.A. § 40-6-49.

In the civil context, the courts have held that juries should decide rear-end collision cases:

With particular regard to "rear-end" collision cases, our Supreme Court has admonished that liability is generally a jury question, depending upon a "factual resolution of the issues of diligence, negligence, and proximate cause." Atlanta Coca-Cola Bottling Co. v. Jones. While a directed verdict in such cases is rare, liability can be summarily decided in the proper circumstances.

R. A. Siegel Company v. Bowen, 246 Ga. App. 177, 539 S.E.2d 873 (2000).

Georgia law provides that "(a) A person shall not drive or be in actual physical control of any moving vehicle while . . . (5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended." O.C.G.A. § 40-6-391. Douglas County Assistant District Attorney Ryan Leonard told the Court that Ferrer had a blood alcohol content of .125. Ferrer apparently told police he had been drinking at the Fulton Industrial strip club, Fannie's Cabaret. Sneed, Douglas County Sentinel, Ferrer Denied Bond as He Faces Vehicular Homicide DUI Charges in EMT's I-20 Death.

We have seen a great tragedy in Atlanta today. Early this morning, an Atlanta police officer, Gail Thomas, 46, was killed when she stopped to help out a fellow officer who was working a wreck at the interchange ramp from I-75 southbound to I-85 northbound. Thomas had Thomas had just come on duty, when she stopped to help her fellow officer. She was exiting her patrol car when a 22-year-old woman hit and killed her. Thomas had been working for the Atlanta police department for 20 years, and it would be an understatement to say that the department was devastated by her loss in this tragic Atlanta car accident.

Chastity Nicole Jones, the woman who hit Thomas, was just 22 years old. Jones tested at .16 (twice the legal limit) on a blood alcohol breathalyzer test done at the scene of the car crash.

One of the silver linings for this tragic situation is that Jones stopped immediately after the accident: she did not try to flee the scene of the accident. In earlier posts, I have talked about how incredibly painful hit and run accidents are for the victims, and also how devastating they are legally for the person who caused the accident.

Ms. Jones had legal problems aplenty, without adding a hit and run charge to them. She was charged with numerous violations, included driving under the influence ("DUI"), first-degree homicide by vehicle, and reckless driving.

The Atlanta Journal-Constitution, also known as the AJC, said it all: "In an instant, two families were changed forever.."

The Atlanta police department was devastated by the news about Thomas, who by all accounts was a cheerful, kind person. Her daughter, a 22-year-old named Jasmine Thomas, was at school at Georgia Southern when the police department had to deliver the tragic news to her.

Gail Thomas was an all-American story. She started as a 911 dispatcher in the department, and Atlanta police chief George Turner talked her into becoming an officer.

Thomas is only the second Atlanta female police officers to be killed in the line of duty, which is clearly a blessing to those of us here in Atlanta.

As an Atlanta, Georgia car accident lawyer, I see so many personal injury tragedies, but this death is as sad as it comes. A police officer, dedicated to keeping all of us safe, and a kind woman and wonderful mother to boot, is killed by a very young woman, only 22 and really just at the outset of her life journey

Under Georgia law, a person "shall not drive or be in actual physical control of any moving vehicle" while the person's "alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended." O.C.G.A. § 40-6-391.

Ms. Jones reported tested at twice the legal limit in Georgia.

What a tragedy, for all of us here in Georgia. This car wreck devastated our police department, because the officers lost a friend and colleague. It impacted Ms. Jones' family, and all of us here in Atlanta, as well. Our prayers go out to all of the people who were involved, and especially to Ms. Thomas' family and to her daughter.

This past week in Atlanta, Georgia, we have had a very sad car accident incident. The assistant principal at one of our local high schools has been arrested and charged with three hit-and-run car wrecks, one of which injured another person, and driving under the influence ("DUI"). http://www.ajc.com/news/atlanta/atlanta-assistant-principal-charged-1290841.html

Tanisha Rodgers Thomas is an assistant high school principal here in Atlanta at Booker T. Washington High School. On December 21, 2011, right before Christmas, Ms. Thomas was driving down Waterford Club Line when she allegedly crossed the centerline and ran head on collision with another car. She then did the very worst thing she possible could have done - she left the scene.

Things got even worse from there. Ms. Thomas kept driving, and a short time later, she allegedly ran a red light at Ga. 6 and Maxham road. She hit another vehicle - and she left the scene again.

According to the allegations, Ms. Thomas only stopped when her vehicle ran off the roadway into a curb and then crashed into a fire hydrant.

As an Atlanta car accident lawyer, I absolutely cringe when I see drivers make the most serious mistake of all - leaving the scene of an automobile accident.

On my main web site, I have a page that talks about the law on hit and run car wrecks in Georgia. The main code section is:

The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident . . .

O.C.G.A. § 40-6-270(a).

When a driver causes a wreck and then flees the scene of a car accident, he leaves terrible chaos in his wake. The people who have been injured during the wreck are not only trying to deal with the physical aftermath of what happened to them - they also are saddled with the mental anguish of worrying about how their injuries will be covered since the driver (who at least theoretically had the insurance required by law) just left the scene.

One of the main reasons that Georgia law requires a driver to stay at the scene of the accident is so the driver can call for medical help for the people who are injured. See O.C.G.A. § 40-6-270(a)(3). If the driver heads off, the people left behind may suffer far more - or even die - because they cannot call for help themselves, and so they do not get medical assistance in time.

When this assistant principal left the scene, she created problems for all of the people she left in her wake - but also huge problems for herself. The Atlanta Public Schools have allowed the principal to keep her job for now, while her case runs through the court system. Given the apparent evidence against the principal, however, it seems highly likely that she will ultimately lose her job. In the meantime, the people she hit are dealing with their injuries from a car wreck and worrying about getting their crashed cars repaired or replaced.

Remember that if you are the victim of a hit-and-run accident, you may still have automobile accident insurance coverage if you have uninsured or underinsured motorist coverage (UM coverage).