Minimum Wages Changes In America

In the past 30 years, minimum wage has changed a lot. It was established under the Fair Labor Standards Act of 1938 (FLSA). President Franklin D. Roosevelt signed the bill, along with a slew of others, quickly to avoid pocket vetoes. The bill banned oppressive child labor and set the minimum hourly wage at 25 cents with a maximum workweek of 44 hours. While a lot of industries believed this standard would hurt the American economy, especially after a long period of economic depression, Roosevelt warned listeners of his iconic fireside chats: “Do not let any calamity-howling executive with an income of $1,000 a day, ...tell you...that a wage of $11 a week is going to have a disastrous effect on all American industry.”

Since then, the federal minimum wage has risen to $7.25 an hour. For a full-time employee, that’s about $15,080 annually. For a single person, this puts them just above the poverty line, which is currently set at $11,702. For a family of four, the threshold is $22,881. However, there are many states, Georgia included, where the minimum wage is significantly less than the federal minimum. It’s only $5.15. While the federal minimum takes precedent and should trump Georgia law, there are many people in Georgia being paid grossly less than our nation’s standard. $5.15 would put you under the newly set poverty line. You would only be making about $10,300 a year. Curious to know what year $5.15 was the federal minimum? 1998.

Even under the trying economic atmosphere, it’s simply unfair, not to mention illegal, to many people dutifully heading to work everyday to be paid so little just because they live in Georgia. Regardless of what Georgia state law says, federal laws always trumps state law. If you pursued a case, it would move to federal court. If you want to talk about your legal options, you can always see what you’re legally entitled to by meeting with one of our lawyers.

Georgia Pedestrian Death Rate Higher Than National Average

The National Highway Traffic Safety Administration released statistics early this week that included some surprising and unnerving news. The new statistics show that while Georgia’s roadways became safer during the past 10 years for drivers, they are still deadly for pedestrians. In fact, the number of pedestrian deaths in car accidents in Georgia is higher than the national average— 25 percent higher than the national average!

While this is a disturbing statistic, as an auto accident lawyer I immediately think about the legal implications of this change. How is the law going about determining the party at fault? How will that decision correspond to insurance claims and lawsuits?

When a driver hits a pedestrian, it doesn’t automatically put the driver at fault. This needs to be determined by a police investigation and report. Either party can be found negligent, or “at fault.” There can also be a “no-fault” conclusion, and under some circumstances, they can both be found at fault. For example, if the pedestrian was crossing the street illegally and the driver exceeded the speed limit, law enforcement could find them both at fault.

Then you have to consider insurance claims. Are pedestrians covered under your insurance claim should you be held at fault? Will your insurance pay out a claim based on a police report or send an insurance adjuster to determine party at fault on their own terms? If a pedestrian is seriously injured, who’s responsibility is it to pay for medical expenses? Are those expenses covered by your car insurance or their own medical insurance? What if they are uninsured?

When you’re in a car and you get into an accident with another car, these questions easier to answer. Granted there are plenty of confusing hoops to go through to finalize a claim, but vehicle insurance companies are in place specifically to deal with accidents of this nature. Not all plans include clear stipulations for pedestrian accidents. If you’ve been hit as a pedestrian or if you’ve been behind the wheel, you’re going to need a lawyer’s support simply to work with insurance companies. The insurance company is going to have their own lawyers poring over the law to find a way to get out of paying a claim. You should have someone on your end doing the same.

Atlanta Injury Attorney Warns Against Online Libel in Light of Recent Cases

Defaming someone on the Internet may seem like an innocent enough action, but recent litigation has shown this to be something prosecutable. Atlanta personal injury attorney Christopher Simon warns people against going too far in the content they post against others online. As three recent cases show, the results could be quite damaging.

Over the past 15 months, Georgia courts have awarded three six-figure verdicts to plaintiffs who suffered because of defaming actions of blog posts on the Internet. In January of 2011, $404,000 was awarded to a plaintiff who claimed he had been falsely accused of pedophilia and drug crimes online in Union County. The following month, Gwinnett County State Court judge gave $533,000 to a police officer who sued for libel on the web from someone she had arrested. The most recent case occurred in February of 2012, when a woman was asked to pay $900,000 for blaming a couple for the actions of a convicted murderer.

These large verdicts show how seriously the courts are taking the crime of libel. While the plaintiffs will see little of this money because of the lack of assets on the part of the defendants in all three cases, the precedent is going to stand. People who have differences with others and are tempted to take those differences online should stop and think about the potential consequences, particularly if they are just venting and have no proof of their accusations.

If you find yourself facing a situation where someone has defamed you online, you do not have to stand up and take the abuse. As these three cases show, the courts are ruling in the favor of people in your situation. Give our office a call to learn more about how you can protect your rights and reputation by taking those who are defaming you to court for their actions. Atlanta personal injury attorney Christopher Simon has the experience to handle your case.

Reckless Driving Results in Death for Wife of Jeff Porter of the Atlanta Braves

Not all accidents are caused by drunk drivers. Most of the time they are caused by people who are not paying attention. Law enforcement officers are not exempt from following the rules of the road. Even in pursuit of a suspect, they must take careful precautions to avoid accidents themselves. For a car accident attorney, Atlanta locals can trust the lawyers at the Simon Law firm to handle their personal injury case. As you can recall, this past winter Braves trainer Jeff Porter lost his wife, Kathy Porter, to a fatal car crash.

On New Year’s Eve, Mrs. Porter was killed in a collision with a Georgia State Patrol trooper on her way to Turner Field. Mr. Porter, his wife, his son David, and David’s girlfriend were on their way to see Auburn play in the Chick-fil-A Bowl when State Trooper Donald Crozier, in pursuit of a vehicle, slammed into the Porters’ SUV at an intersection. Although the other passengers escaped serious injury, Mrs. Porter was killed when their vehicle hit a utility pole.

Fans of the Braves have responded with overwhelming support and condolences. In Orlando, Mr. Porter spoke with reporter Aaron Diamant: “There are just hundreds and hundreds of people, thousands of baseball fans around the country that were so kind and so supportive, and I want to thank them.”

Crozier was found to have ran a red light just before crashing into the Porters’ SUV. He has since been removed from his position as a Georgia State Trooper due to this incident, as well as a past record of reckless driving over the past 10 years. Currently there are no charges being filed. Mr. Porter is focused on pushing legislation to prevent similar accidents in the future.

If you’ve been in an accident with a law enforcement officer or a reckless driver, in order to get the financial support you need, it is wise to secure a car accident attorney. Atlanta residents still grieve for the loss of Kathy Porter but the story has inspired millions to care about the safety of our state roads and highways.