Car Accidents

Published on: September 9, 2011

Dogs at Issue in Car Accidents due to Distracted Driving

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.

Published on: August 24, 2011

Cobb County Uses School Bus Cameras to Catch Errant Drivers, Prevent Accidents

by Robert N. Katz, Esq.

School buses in Cobb County now come with video cameras that can capture vital information on motorists who fail to halt when a school bus is at a stop.Atlanta bus accident lawyers believe that it is important to have such measures in order to reduce the risk of accidents, especially now that school has begun.

Many accidents involving school children occur when school buses are at a bus stop.Under the law, drivers are required to halt when a school bus is at a stop.Earlier, when a bus driver found a motorist who violated this rule, he had to write down the tag number, the date and time of the incident and vehicle description and submit this information to authorities.However, a Georgia law that was amended this year allows bus drivers to use video recordings made of the errant motorists.

Now, a bus driver does not have to give a written statement that contains the tag number and other information.The footage from the video camera can be used to find the errant driver.This makes the job of bus drivers that much easier.The driver does not have to focus on writing down the tag number of the offending vehicle ,which can distract him from his duties.These digital cameras can record the tag numbers and other information of motorists who ignore the law. The initiative is the result of efforts by two people in memory of a five-year-old girl who was killed by a driver who failed to stop at a bus stop.

Published on: August 10, 2011

Feds Mull Rules to Prevent Pedestrian Accidents Involving Hybrid Cars

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration will soon propose a rule requiring automakers to install noisemaking devices in their electric and hybrid cars to alert pedestrians.Pedestrians, especially those with visual challenges, may not be able to hear an approaching electric or hybrid car, because of the low levels of noise that these vehicles emit. As a recent study indicates, the result is an increase in car accidents involving pedestrians and these vehicles.

The National Highway Traffic Safety Administration has now posted a notice on its website, as the first step towards rules that will mandate manufacturers of electric and hybrid cars to install noisemaking devices in their vehicles.The rule will cover not just cars, but also motorcycles, buses and trucks.Hybrid vehicles can be a pedestrian safety threat, because they emit very low levels of noise.They make much lower noise than internal combustion engines, and as a result, pedestrians may not hear an approaching vehicle.

Some pedestrians may be at a higher risk of being involved in an accident with an electric car.For instance, visually impaired pedestrians who rely very heavily on their sense of hearing to detect accident hazards, may be at a special risk of being involved in a car accident with an ultra quiet electric car.Children, whose senses are not developed fully, may also be at high risk when they fail to hear an approaching car.It is the safety of these pedestrians that the National Highway Traffic Safety Administration wants to address.

Published on: August 9, 2011

Progress in Treating Breathing Interruptions after Spinal Cord Injury Caused by Auto Accidents and Other Trauma

by Robert N. Katz, Esq.

Scientists have made progress in addressing a serious problem that often arises after a person has suffered a spinal cord injury in a car accident.Atlanta personal injury lawyers are happy to report that researchers have tested an experimental treatment to restore breathing function interrupted after a spinal injury.

Breathing interruptions are some of the most serious complications after a person suffers a serious spinal cord injury.However, a group of neuroscientists have used a nerve graft treatment to address this issue.The results of the study have been published in the journal Nature.The tests were conducted on lab rats with successful results, and if the treatment can be transferred to humans with similar results, then doctors will be able to eliminate one of the more serious problems that can arise immediately after a spinal cord injury.

In order to understand how the treatment works, it’s important to understand how a spinal cord injury affects breathing.Breathing functions are controlled by nerve cells, which, in turn, control specialized motor cells in the spinal cord.When the vertebrae are damaged at or above the C3, C-4 and C5 segments, it affects breathing.A person in a situation like this may need to be immediately placed on a ventilator.

Published on: August 8, 2011

Investigation Indicates Carroll County School Bus Driver in Fatal Bus Accident Was Drowsy

by Robert N. Katz, Esq.

The Atlanta Journal-Constitution has obtained a Georgia’s State Patrol investigative report into the fatal school bus accident in Carroll County in 2010 that resulted in the wrongful death of a student.The investigative report blames drowsy driving by the school bus driver, and also indicates that students on the bus were nervous about the bus driver’s driving abilities.

The accident occurred in October 2010, when a group of fourteen high school students were traveling from Temple High School to a vocational school.Suddenly, the bus veered to the right of the road and into a ditch.It then overturned, leaving more than a dozen students with personal injuries.A seventeen-year-old student on the bus was killed.He was partially ejected from the bus when it flipped over, and was trapped underneath the bus.

The driver of the bus was a trainee who was scheduled to take his test to become a full-time driver the next day.He had not completed six hours of required training. The investigative report seemed to indicate that the driver had a record of unsafe driving, and students on the bus had been afraid for their safety on the day of the accident.Several students also mentioned to investigators that the way he was driving, especially over dirt roads, was very unsafe.This week, he was sentenced to a year of probation and fined $600 for failure to stay in his lane.

Published on: July 29, 2011

Distracted Driving: Part 1, Texting Laws and Stats You Will Not Believe

by Robert N. Katz, Esq.

An estimated 20% of the over 1.5 million car accidents resulting in minor to severe injury were reported to have involved distracted driving in 2009. If you think of all the things you do while driving down the road daily, it is no wonder that distracted driving is the leading cause of auto accidents each year, from fender- bender to fatal injury.

Transportation Secretary Ray LaHood has made it his mission to reduce these needless accidents. A USA Today article quotes LaHood as saying, "It is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted-driving accidents." As an Atlanta auto accident attorney, I always try to find out whether a driver involved was using a cellphone at the time of the accident.

LaHood’s focusis on drivers texting and cellphone use while behind the wheel. And, it isn’t just the kids anymore. Statistics from Distraction.org show the number of distracted drivers involved in fatal crashes increased from 7% in 2005 to 11% in 2009. Of those drivers, 30-to-39-year-old group had the highest proportion distracted by cellphone use. Those are not the numbers I expected to see!