Car Accidents

Published on: October 1, 2012

GHSA Takes Tough Positions on Distracted and Drugged Driving

The Governors Highway Safety Association (GHSA) recently adopted expansions of its policies related to distracted driving and drugged driving.These are 2 factors that are cited in thousands of fatal and injury-causing car accidents that occur in the metro Atlanta region every year. We have continued to see an increase in drunk driving accidents in our office, and believe a tougher stand on this problem is necessary to protect Atlanta drivers and passengers.

The GHSA is calling for a complete ban on the use of handheld cell phones while driving across all states.Just a few states have complete bans on hand-held cell phones while driving, while more than 35 states, including Georgia, have banned texting while driving.

The Governors Highway Safety Association earlier supported only bans on text messaging while driving, and bans on the use of electronic devices by both novice drivers as well as school bus drivers.This is the first time that the GHSA has voiced its complete support for bans on handheld cell phone.

Published on: September 25, 2012

Georgia DOT’s Plans to Raise Speed Limits Could Increase Accident Risks

by Robert N. Katz, Esq.

A number of states around the country have experimented with an increase in speed limits on some of their freeways and highways.Earlier this month, Texas had the dubious distinction of becoming home to the road with the highest speed limit in the country, with one stretch now having a speed limit of 85 mph limit.In Georgia, similar plans are being discussed that would raise our speed limit.

However, Atlanta car accident lawyers would warn against any rush to increase speed limits on roadways, without carefully analyzing the possible effects on motorist safety and the increased risk of accidents.

In Georgia, the Department Of Transportation is currently experimenting with increasing the speed limit on I-285 from 55 mph to 65 mph.Those 65 mph speed limits are fairly reasonable, when considering that the current highest speed limit in Georgia is 70 mph.While motorists in Georgia may complain that the speed limits in the state are far too low, the fact is that very often, motorists decide to drive at least 10 mph above the posted speed limit.So when you have a speed limit of 70 mph, you’re likely to have many motorists traveling at 80 mph.

Published on: September 11, 2012

Series of Wrong Way Driving Accidents In and Around Atlanta

by Robert N. Katz, Esq.

The month of August saw a disturbing series of accidents caused by motorists driving the wrong way on highways and freeways in and around the metro Atlanta region.These accidents ended with catastrophic injuries and multiple fatalities.

The first accident that occurred earlier in the month involved a motorist who was driving the wrong way on Georgia 400, and crashed her car into another vehicle.The driver of the other car died in the accident.

Just a few days later, there was another wrong-way driving related accident, this one occurring in Gwinnett County.In this accident, the wrong-way driver crashed his vehicle head-on into another car on Georgia Highway 316 near Dacula.At least 2 people were critically injured in this accident, and victims had to be cut out of the damaged vehicle.

Published on: August 23, 2012

Seatbelt Reminders for Back Seats Could Help Reduce Injuries, Fatalities

by Robert N. Katz, Esq.

If a proposal by the National Highway Traffic Safety Administration (NHTSA) to mandate seatbelt alerts for rear seat passengers is approved and goes into effect, it could mean a much lower risk of injuries to passengers in the back seat.

Rear seat passengers have much lower rates of seatbelt usage compared to drivers and front seat passengers.Nationally, only 74% of backseat passengers buckle up all the time, compared to seat belt usage rates of 83% for front seat passengers. Our Atlanta car accident attorneys agree that higher rear seatbelt usage would help prevent some of the most serious injuries.

The proposal would require that alerts and warnings that are currently in place for motorists and front seat passengers who have not yet buckled up after the car has been put into operation, are also included for rear seat belt passengers.The typically include a chime or beep that continues to sound until the seatbelt it engaged.

Published on: July 27, 2012

Claims Software Allows Insurers to Lowball Accident Victims

by Robert N. Katz, Esq.

A recent report by the Consumer Federation of America shows that some insurance companies are using claims software that allows them to manipulate payments, thereby paying consumers less than they deserve after an accident.

The report found that popular injury evaluation software used by many insurance companies comes with provisions that allow the insurers to ‘lowball’ consumers.These software programs include the CSC Colossus package which allows insurers to manipulate claims payments.The software can be used to reclassify injuries as less than serious, compared to the diagnosis of a doctor.

Over the past 15 years, many insurance companies in the United States have implemented such software to streamline claims processing procedures.However, as this report indicates, the claims processing software may have more useful benefits than merely efficiency.The report concludes that the claims processing software has allowed many insurance companies to increase profits by lowballing consumers, and reducing the amount that is actually paid to consumers who file injury claims.

Published on: May 29, 2012

Georgia Parents Can Help Prevent Teen Car Accidents

by Robert N. Katz, Esq.

Under Georgia law, several restrictions are placed on teenage drivers. This is done to help reduce the risk of accidents due to inexperience or high risk behavior. A new study indicates to our Atlanta car accident attorneys exactly how important it is for parents to be involved in preventing accidents involving their teenage children.

The study, conducted by the AAA Foundation for Traffic Safety, found that a teenage motorist’s risk of being killed in an accident increases proportionately to the number of young passengers he has in his car. That finding isn’t unexpected, but the study does confirm some frightening facts about teen driver safety.

According to the survey, a teenager’s risk of being killed in an accident increases by 44% when he is traveling with one passenger below the age of 21. That is a staggering increase in risk, and should come as an eye-opener to many parents of teens. Further, when the teenager is traveling with two passengers under 21, his risk doubles, and when he is traveling with three or more passengers under 21, the risk of an accident increases by four times.

Published on: May 8, 2012

Up to a Quarter of All American Adults May Be at Risk of Drowsy Driving Car Accidents

by Robert N. Katz, Esq.

A new study indicates that lack of sleep and insomnia are huge health problems among American adults. According to the study which has been published in the medical journal The Lancet, as many as a quarter of all adults are not happy with the amount of sleep they get each night. In fact, approximately 10% of adults meet the criteria for full-fledged insomnia. The Atlanta car accident lawyers at our firm unfortunately see far too many serious vehicle accidents due to drowsy or distracted driving.

Researchers based their study on an analysis of previous scientific databases, and findings from major studies conducted on sleep over the past 5 years. They found several factors that indicated we need to increase awareness about the widespread nature of insomnia, and spotlight the consequences of insomnia.

Insomnia is associated with a number of health disorders. According to a report published in 2002, persons who suffer from insomnia are about twice as likely to suffer from congestive heart failure compared to persons who have healthy and normal sleep patterns. Additionally, these persons will be approximately 5 times as likely to suffer from depression or anxiety-related disorders. Persons who suffer from insomnia, according to the researchers, may also be at a high risk for substance abuse, and psychological disorders.

Published on: May 7, 2012

Most Animal-Related Car Accident Injuries Caused by Evasive Maneuvers

by Robert N. Katz, Esq.

Most injuries that occur when an automobile is on a collision path with an animal on the road happen not when the car hits the animal, but when the car crashes following the near-collision or impact with the animal. Therefore, how a driver reacts when he is faced with a stray animal on the road is extremely important in determining the probably of a Georgia car accident.

The Washington Post spoke to a number of highway safety troopers around the country and came up with the following conclusions. When it comes to avoiding animal-related collisions, swerving may be much more dangerous than hitting an animal. Many troopers urge motorists to avoid sudden evasive maneuvers if you’re not able to check for traffic beforehand. If you can make a safe lane change, do so. However, avoid swerving if you are unable to check your mirror and check for traffic.

If the animal is shorter than the hood of your car, and you have no time to change your lanes, then it is probably advisable to hit the animal. If the animal is taller than the hood of the car, then it is advisable to avoid the animal if possible. Unfortunately, very often when drivers are faced with a situation like this, they panic and make the wrong decision, which can lead to a single or multiple car accident.

Published on: February 3, 2012

Decline in Georgia Car Accident Deaths in 2010

by Robert N. Katz, Esq.

Car accident death rates in Georgia seem to have mirrored the nationwide drop in traffic accident deaths in the year 2010.Highway safety officials in Georgia recorded a substantial drop in accident fatalities in the state for the 5th successive year. Most personal injury lawyers have not really seen that significant level of a drop in their wrongful death cases. That is likely due to the fact the decrease has come through improvement of roadways. Very few wrongful death cases caused by roadway defects are actually litigated.

According to the National Highway Traffic Safety Administration and the Georgia Department of Transportation, a total of 1,244 people died in car accidents in Georgia last year.That was a drop of 3.7% from the previous year, or 48 fewer fatalities.In 2009, the number of people killed in auto accidents was 1,292.The number has been dropping steadily since 2006.

To understand the kind of progress that has been made in keeping motorists safe on Georgia roads, consider this – in 2005, there were 1,744 deaths in traffic accidents in Georgia, compared to 1,244 in 2010.In just 5 years, transportation safety agencies and law enforcement in Georgia have been able to reduce the number of people being killed in preventable traffic accidents.

Published on: February 1, 2012

Georgia Appeals Court Overturns Yamaha Rhino Injury Verdict

by Robert N. Katz, Esq.

The Georgia Court Of Appeals has reversed a jury verdict in favor of a Yamaha Rhino rider, who suffered a serious personal injury during an off-road vehicle accident.The victim, a gravedigger from Georgia had been riding his Yamaha Rhino off-highway vehicle when the vehicle flipped over.He suffered serious leg injuries.

A court had ordered Yamaha to pay damages of $317,000.However, the Georgia Court of Appeals has now reversed the verdict.According to the appeals court’s decision, unlike a car accident, the victim had assumed the risk of injuries when he purchased the off-road vehicle in 2006.With this and to the dismay of many personal injury lawyers, Yamaha’s unblemished Rhino injury lawsuit record continues.The company has continually won lawsuits arising out injuries and fatalities resulting from accidents involving its off-road vehicle.However, the company has also entered into undisclosed settlements with several injured people, so the unblemished track record isn’t that clean.Those settlements are confidential, however.

The Yamaha Rhino was introduced in 2003, and quickly became popular among a growing generation of off-road vehicle fans.These off-road vehicles are different from all-terrain vehicles, in that they do include some additional safety features like safety belts.However, consumer safety groups soon found that the Yamaha Rhino was linked to a number of accidents ending in injuries.Some of the injuries that have resulted from these off-road vehicle accidents have been severe.Yamaha Rhino riders, who were caught or trapped when the off-road vehicle flipped over, have suffered from severe crushing injuries, and arm and leg injuries.There have also been amputations and severe limbs.The Rhino weighs about 1,100 pounds, and any accident that results in the vehicle flipping over and landing on a person, can cause serious injuries.