Car Accidents

Published on: October 7, 2011

Seatbelt Failures Can Amplify Car Accident Injury Risks in Georgia

Seatbelt failures happen more often than most drivers think, and when these do occur, motorists may be at a serious risk of personal injury.Honda has now announced the recall of more than 311,000 vehicles because of potential seatbelt failure problems. Airbag and seatbelt failures are regular complaints received by accident attorneys nationwide.

The recall involves certain Pilot SUVs from model years 2009 to 2011.According to Honda, these vehicles may have a problem in the way that their seat belts have been sewn together.The stitching at the end of the lap belt on both the driver and front seat passenger seatbelt may not be complete, and the seatbelt may be at risk of coming loose from the anchor webbing during an accident.A person who is poorly restrained in a defective seatbelt like this is at a serious risk of traumatic injuries in an auto accident.

Honda has informed the National Highway Traffic Safety Administration that it has received two complaints about the defective seatbelts.One of these incidents involving a defective seatbelt occurred in 2010, while the other occurred this year.Honda owners whose vehicles are included in the recall are required to visit their dealers as quickly as possible, for an inspection.If necessary, the seatbelt will be replaced free of charge.Approximately 310,773 vehicles are included in the recall.

Published on: September 30, 2011

Father Negligent in 12-year-old Driver’s Fatal Car Accident

by Robert N. Katz, Esq.

Most personal injury attorneys know that sometimes, an accident is all about a chain of events. That’s exactly what a jury found this year when they determined that the father of a 12-year-old driver who died as the result of a car accident he caused was negligent in teaching his son to drive illegally on public roads. The Daily News reports it appeared to be a case of oversimplified causation. In other words, but for Loren Fry teaching Jake Fry to drive illegally, the circumstances that led up to his wrongful death might not have occurred. The situation itself, however, is a slightly more complicated one.

Jake Fry died on February 27, 2007, and his father was actually nowhere near the car when the accident occurred. In fact, his son was driving a 1993 Ford Taurus belonging to his father’s girlfriend, Kelley Hill. She was in the passenger seat at the time of the crash, and her 12-year-old daughter was also along for the ride.

No one, except for those in the car at the time, knows exactly what happened. But this jury didn’t think it mattered, since they concluded Loren Fry was actually more at fault than Hill. More than likely, the jury rationalized that by teaching his son to drive illegally, Loren Fry created a foreseeable risk that his girlfriend might do the same. Perhaps she had been in the car during one of their driving lessons. Maybe allowing Jake to drive without his father in the car was something she had done before. It’s even possible that Loren Fry had given her permission to do so.

Published on: September 26, 2011

Three Teenagers Killed in Clayton County Pedestrian Accident

by Robert N. Katz, Esq.

A third teenager has succumbed to his injuries after a deadly pedestrian accident in Clayton County.Two other teenage pedestrians were also killed in the car accident last Thursday. The Atlanta Journal-Constitution has confirmed the death of the third teenager, a seventeen-year-old boy.The boy had suffered a serious brain injury in the accident.The boy and his two friends, aged sixteen and seventeen years old, were walking along GA 158, when they were struck by a car being driven by forty-eight-year-old Priscilla Diane Johnson.The impact left the boys with serious injuries.One of them died at the scene of the accident, while the other was rushed to Grady Memorial Hospital, and succumbed to his injuries there.The third victim died on Saturday morning.

According to police, Johnson had been talking on a cell phone at the time of the accident.She had also taken antidepressant medications just before the accident.She now faces a number of charges, including vehicular homicide, driving under the influence, and hit and run.Police also believe that she was driving under a suspended license.Additionally, she faces charges of reckless driving as well charges related to cell phone use while driving and lack of insurance. Personal injury attorneys have repeatedly warned about the dangers of distracted driving as well as driving under the influence of medications. Unfortunately, these tragedies will continue to occur until we toughen our laws in these areas.

According to one of her friends, at the time of the accident, she was on the cell phone having a quarrel with her husband.The friend has confirmed that she had taken antidepressants before she started driving, and had been impaired at the time of the accident.

Published on: September 15, 2011

Hailey’s Law: Car Accident Injury Leads to New State Law, Possibly New Precedent

by Robert N. Katz, Esq.

In effect in Washington as of July 22 of this year, “Hailey’s Law” mandates that law enforcement officials must impound the car of a person arrested for impaired driving – in most cases for at least 12 hours.The only exception is if the person arrested for driving while under the influence isn’t actually the registered owner of the car. In cases like that one, the registered owner will be allowed to retrieve their vehicle from the scene. Wrongful deaths and DUI accidents go hand in hand and this law will clearly reduce the number of persons unnecessarily dying due to these accidents.

The circumstances surrounding the incident further explain why the law has been hailed as a breakthrough regulation by many personal injury attorneys, who hope to see the law being picked up by other states and foresee its enforcement successfully increasing the safety of the state’s public highways.

The law is named for Hailey French, a woman who was severely injured in a head-on collision. The driver responsible had been arrested for DUI and released by law enforcement officers less than two hours earlier. The lawsuit brought against the driver and Washington officials alleged that officers failed to install a court-ordered alcohol ignition interlock device in the driver’s car after her previous DUI arrest. Instead, the arresting officer drove her home, and handed her the car keys with a warning to sober up. After he left, the drunk driver took a taxi back to her car, got back on the road, and crossed the center line before hitting Hailey French.

Published on: September 12, 2011

US Could Learn Lessons in Preventing Car Accidents from Other Countries

by Robert N. Katz, Esq.

The United States lags behind several other countries, including those in Europe and Asia in reducing the number of auto accident relatedwrongful deaths. According to the Insurance Institute for Highway Safety, this country could be doing a much better job of saving more lives and reducing the number of personal injuries in accidents every year.

It may seem like there’s been much progress in reducing accident numbers in the United States.After all, auto accident wrongful death numbers in this country have been on the decline over the past decade, and last year, were at their lowest levels since record keeping began.With statistics like this, it’s easy for Atlanta car accident lawyers and motorists to become complacent, and believe that American drivers are much safer than anywhere else.

That’s not true at all.A look at the safety records and accident prevention efforts in other countries indicates just how much more progress the U.S. needs to make.

Published on: September 9, 2011

Dogs at Issue in Car Accidents due to Distracted Driving

by Robert N. Katz, Esq.

A new study by AAA and Kurgo has reported that 52 percent of drivers admit to “petting their canine companions instead of paying attention to the road,” and another 17 percent allow their pets to sit in their laps while driving – this according to an article published on www.insideline.com. Kurgo, a pet travel company, polled 1,000 dog owners who had traveled with their pets in the past 12 months.While the study did not evaluate the number which were involved in an auto accident, the risk factor of petting a dog while driving is clear. Auto accidents result in serious personal injuries and any conduct that may cause a rise in the number of accidents should be avoided.

Car accident attorneys in Georgia know this doesn’t bode well for drivers with furry friends. Looking away from the road for a mere two seconds doubles a driver’s risk of being involved in a car crash. Think about those two seconds. Now, picture how many seconds it takes you to pet your pooch and watch that level of risk increase significantly.

The problem, researchers summarized, could probably be rectified if more owners seriously considered restraining their pooches. Interestingly enough, many of those polled admitted that they knew operating a vehicle with an unharnessed animal was risky business, yet chose to engage in it anyway. 83 percent of drivers agreed that an unrestrained pet is dangerous, but only 16 percent reported restraining their pet.

Published on: September 8, 2011

Insurance Companies Held to a New Standard on Health Insurance Premiums? Not Really. Car Accident Victims Likely to Suffer from Government Inaction

by Robert N. Katz, Esq.

Georgia’s Insurance Commissioner Ralph Hudgens is going to set insurance companies straight- well, he can try, but likely will not succeed.The piece from the national healthcare reform puzzle which requires insurance companies to justify rate increases will become effective on September 1, 2011.If this change helped to hold down rates, then persons injured in car accidents could better afford the premiums while they are out of work trying to recover. Unfortunately, if you are injured in an auto accident, you are likely to see your health insurance premiums continue to rise. This could be resolved once the new healthcare law’s mandatory provisions take effect. However, as Georgia personal injury attorneys have warned, if the healthcare law is declared unconstitutional thereby eliminating universal coverage, the problem with personal injury victims getting the treatment they need while unable to work will continue indefinitely.

The rate justification requirement forces insurers to publically post any rate increases over 10% and explain why the increase is reasonable.This 10% rule only applies to policies covering individuals and small businesses.All new double-digit rate filings will be submitted with much more documentation now. It is then left to the state to decide if the increase is reasonable based on health care costs and other factors.

We are relying on this new rate review process to save us from the big, bad insurance company, right?Unfortunately, Georgia law ties the hands of the insurance commissioner’s office by giving him no authority to reject rates submitted by the insurers.The insurance commissioner’s office “enforces and regulates laws enacted by the state legislature under Title 33 of the Official Code of Georgia.”In other words, Georgians will have to rely on unreasonable rate hikes to be handled by the federal government.

Published on: September 2, 2011

Helmets Can Help Prevent Injuries in Bicycle Accidents

by Robert N. Katz, Esq.

It’s one of the biggest pieces of advice that Atlanta bicycle accident attorneys would give to any bicyclist – always wear a helmet while riding.Lack of a bicycle helmet substantially increases a cyclist’s chance of a brain injury in a car accident. Unfortunately, we often see bicyclists on Atlanta streets riding without the most basic protection gear to protect against injuries in an accident.We have always wondered why a bicyclist, who is one of the most vulnerable people on the road, would leave himself or herself so open to the risk of injuries.A poll by the British Medical Journal answers some of our questions.

Thepoll results have been published in the British Medical Journal Blog, and show that the majority of people prefer not to have mandatory bicycle helmet laws because they discourage bicyclists.According to respondents, people should be encouraged to ride bicycles, and mandatory bicycle helmet laws do the opposite.They discourage people from taking to what is essentially a very healthy activity.

68% of the respondents in the poll were against mandatory bicycle helmet laws.Not only do they believe that this would discourage bicycling, but they also felt that there wasn’t enough evidence to show that wearing a bicycle helmet significantly protects a bicyclist from injury during an accident.They believe that bicyclists believe that mandatory bicycle helmets would discourage female bicyclists, typically some of the least likely to take to cycling..Additionally, mandating bicycle helmets for all would discourage bicycling in many people who’d otherwise be able to enjoy a cheap and affordable means of transportation.Overall, most of the respondents in the survey believe that mandatory bicycle helmet laws do not reduce bicycle accident-related injuries, but reduce bicyclist numbers.Some respondents even believe that mandatory bicycle helmet laws give the wrong impression that biking is a dangerous activity.

Published on: August 30, 2011

Cobb County Police Looking for Motorcyclist in Fatal Car Accident

by Robert N. Katz, Esq.

Police in Cobb County are on the lookout for the driver of a Porsche involved in afatal motorcycle accident fatal motorcycle accident. The motorcyclist was riding a Kawasaki Vulcan motorcycle when he was struck by two vehicles on Interstate 75.According to police, a Porsche struck the motorcyclist, and then fled the scene of the auto accident.The motorcycle was then struck again by a Mazda that was following behind.

The victim, a thirty-one-year-old man from Norcross sustained serious injuries, and died. The driver of the Mazda has confirmed to police that the Porsche struck the motorcyclist before her car did.Police are now looking for a silver Porsche that is likely to have moderate damage. Unfortunately, as any personal injury attorney will tell you, some of the most devastating accidents occur with hit and run drivers. These drivers are often uninsured, drinking or on drugs.

A motorcycle accident can be a traumatic experience.These are some of the most serious accidents, and can end in fatalities, or serious injuries to motorcycle riders and passengers.Apart from a helmet, a motorcyclist has little protection against injuries.

Published on: August 25, 2011

ESC Systems Have Reduced Fatal Accidents by 18%

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration says that electronic stability control systemselectronic stability control systems have reduced car accident wrongful deaths by as much as 18%.The agency studied the effectiveness of these systems that are now popular on so many automobiles, in preventing fatal auto accidents.The researchers studied fatal car accident statistics between 1997 and 2009, to gauge the effectiveness of electronic stability control systems in preventing crashes.

These systems have become very popular, and are now available in a number of standard models.In 2005, less than 20% of automobiles came equipped with electronic stability control systems.Thanks to new legislation, automobiles from the 2012 model year onwards will have to come with electronic stability control systems as standard features. This is a change that personal injury lawyers advocated for many years.

Electronic stability control devices come with sensors that detect when a vehicle is beginning to flip over.When that happens, the system kicks into gear, adjusting breaking power to one or more wheels to allow the motorist to control the vehicle.Electronic stability control systems are designed to reduce the high number of car accident deaths every year that can be traced to rollovers.