Car Accidents

Published on: August 8, 2011

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

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!

Published on: July 29, 2011

Distracted Driving: Part 2, Efforts to End Needless Car Accidents

by Robert N. Katz, Esq.

April is National Distracted Driving Awareness Month. April 2010 kicked off a huge effort to enforce the texting and cellphone use laws in two cities. The pilot program called “Phone in one Hand, Ticket in the Other” was launched through law enforcement and public-education media campaigns. The results are in and, apparently, the program was extremely successful in Hartford, CT and Syracuse, NY. Police in both cities issued over 900,000 tickets to drivers for using their cellphones while driving. Driving with cellphones decreased 32% in Syracuse and 57% in Hartford. Texting while driving in Hartford declined by 72%. USA Today reports the National Highway Traffic Administration plans to continue the pilot program in undisclosed states. As a Georgia auto accident attorney, I think Atlanta would be a good place to test.

As discussed in our Distracted.

A study by the Insurance Institute of Highway Safety found the frequency of insurance claims increased in the studied states after texting bans were enacted. In the report, Adrian Lund, President of IIHS and HLDI, states the findings may indicate, “that texting bans might even increase the risk associated with texting for drivers who continue to do so despite the laws.”

Published on: July 25, 2011

New Traffic Signal Implemented in Response to Increased Car Accidents

by Robert N. Katz, Esq.

More streets across the country will soon be privy to a new style of traffic signal. Drivers in Michigan, Nevada, and various parts of California and Ohio are already flooding Internet search engines with variations of one question, “What does new flashing yellow arrow mean?” The new variation on the left turn signal, which originated in Reno, Nevada, means that left turns are permitted as long as drivers yield to oncoming traffic and pedestrians. The hope, and apparently the impact, is to decrease the number of auto accidents at intersections thereby greatly reducing the number of injuries.

The traditional steady yellow arrow and the green arrow retain their original meanings. The yellow continues to indicate that motorists should be prepared to stop or complete their turns if already in the intersection. The green arrow, of course, gives turning motorists the right of way.

The change comes as regulators explored methods to promote safety and efficiency – and decrease the number of car accidents that happen as a result of the current signal system. USA Today reports that in Kentucky there has already been about a 30% reduction in left-turn collisions, although some deem it’s early to thoroughly evaluate success. Undoubtedly, the new signal may help address what some call the “yellow trap condition.” Personal injury lawyers have known about this trap for years. The trap occurs whenthe driver waiting to turn left is lead into the intersection when it may actually be unsafe to do so. During the signal change from "permissive" movements in both directions to a "protected" movement in one direction, a yellow trap occurs when the left-turning driver’s permissive left-turn is ending. It is said that the flashing yellow arrow eliminates the yellow trap without requiring louvers (slats over the light that prevent it from being seen until the driver is close to the first signal in the set) or other visibility-limiting devices.

Published on: July 17, 2011

Incidents of Young Drivers and Car Accidents on the Rise with Availability of Mobile Apps

by Robert N. Katz, Esq.

According to a poll by The US Department of Transportation and Consumer Reports, 63 percent of people under 30 acknowledged driving while using a handheld phone and 30 percent said they have sent text messages while behind the wheel. A total of nearly 5,500 people in the United States were killed in distracted driving accidents in 2009.

Although I am a personal injury attorney, and accustomed to the horrors stemming from car accidents, these are staggering numbers. However, I’m convinced that distracted driving has become an even greater problem with the rampant use of smartphones and an increased number of young drivers wielding them – especially with the plethora of apps available. The main problem is that “science hasn’t caught up to looking at the effects that mobile app usage can have behind the wheel of a car," says researcher Lauren McCartney.

Apple alone has more than 425,000 apps.So it comes as no surprise that the University of Alabama Youth Safety Lab found use of popular cell phone apps pose an even greater risk to young drivers. Additionally, the speed of these 3G devices undoubtedly makes internet and app use while on the move an ever-growing temptation for America’s young people. And incidents of distracted driving are sure to continue on an upward trend as the phones and apps alike become more affordable. Douglas Mcintyre, reporting for Aol’s Daily Finance, found a recent report by Comscore which stated that "74.6 million people in the U.S. owned smartphones during the three months ending in April 2011, up 13 percent from the three-month period ending in January 2011."

Published on: July 15, 2011

Georgia Supreme Court Hands Down Pivotal Ruling in Drunk Driving Car Accident

by Robert N. Katz, Esq.

On July 5, by a vote of 6-1, Georgia’s Supreme Court found a convenience store could be held liable for selling alcohol to a man who was responsible for a fatal car accident. Initially, the trial court granted the store’s motion for summary judgment on the grounds that the beverage was not sold to be consumed on the premises, reports the Associated Press. This seems to be an assumption the consumer was unaware of – at the time of the auto accident, and only four hours after buying a twelve-pack of beer from Exprezit!, his blood alcohol content was a whopping 0.181, more than twice the legal limit.

As a car accident attorney in Atlanta, Georgia, I come into contact with similar claims involving drunk drivers. When I heard about this particular ruling, I immediately honed in on the fact that the man was said to be visibly intoxicated at the time the alcohol was purchased. Another article by The Florida Times-Union notes the Court’s application of the “dram shop act” to its reasoning. The law states that anyone who knowingly sells or provides alcohol to someone who is noticeably intoxicated while knowing that the person will soon be driving may be liable if the alcohol is the direct cause of an injury.

In his opinion for the majority, Justice Hugh Thompson reasoned that the act was all-inclusive, meaning that it was intended to encompass the sale of alcohol at places other than the “proverbial dram shop” or bar. On the other hand, Justice Robert Benham, dissenting, concluded this was an unfair interpretation of the act because clerks at grocery stores and convenience stores often experience a lesser degree of interaction with patrons. Ostensibly, he claims, this affords them little opportunity to really judge the sobriety customers.

Published on: July 13, 2011

Drunk Driving Stunts Can Lead to Auto Accidents resulting in Wrongful Deaths and Injuries

by Robert N. Katz, Esq.

The death of a popular TV/movie star last month in a fiery drunk driving accident should serve as a reminder to Atlanta residents – avoid driving under the influence of alcohol at all costs. The worst car accidents often involve not only someone driving drunk, but someone driving drunk and performing stunts.

Ryan Dunn, the star of the popular “Jackass” movies was killed in a car accident that occurred in Pennsylvania.Dunn was traveling with his passenger and friend, when the car crashed.The vehicle exploded in flames, and both occupants were killed instantly.Tests later determined that the star had been driving with blood alcohol concentration level of more than twice the .08% DUI Limit.

Drinking over and above capacity seems to have been a factor in the accident.Just a few minutes before the accident, Dunn had Tweeted a picture of him and his friends having a few drinks at the bar.According to staff at the bar, Dunn only bought about 8 beverages, but was served several alcoholic drinks by fans at the bar who wanted to buy him drinks.In fact, police believe that it was these last few drinks that he had that helped send his blood-alcohol levels over the edge.

Published on: July 6, 2011

Inaccurate Federal Estimates of Bus Accident Data Indicate Higher Numbers of Wrongful Deaths

by Robert N. Katz, Esq.

An investigation by USA Today indicates that the National Highway Traffic Safety Administration may have provided inaccurate information about bus accident fatality data between 1995 and 2009.This could have caused a misconception that buses on our highways are safer, and that fewer people are dying in bus accidents.Personal injury lawyers handling bus accidents know that is not true at all.

The USA Today Investigation focused on bus accident deaths between 1995 and 2009, and found more than a few accident fatalities that went missing from the federal data.The investigation found that overall, at least 42 deaths went missing from the official federal data.The investigation also found that since 2003, at least 32 bus accident deaths were not included in the final federal data.

In addition, there were 42 fatalities that occurred on midsize buses which were not accounted in the federal data either, because these buses are not included in the National Highway Traffic Safety Administration’s definition of a motor coach.

Published on: June 20, 2011

Used Car Buyers in Atlanta Face Auto Accident Risks

by Robert N. Katz, Esq.

People who buy used cars in Atlanta may be at risk of a car accident when they purchase recalled cars, but have not been informed of the recall.Loopholes in federal policies allow used-car dealers to sell recalled cars without making buyers aware of this information.In fact, federal policies are so lax that they don’t even require automobile manufacturers to inform used-car dealers about a recall.Manufacturers are only required to inform their franchise dealers about recalled vehicles.

Besides, even if used-car dealers and franchise dealers are made aware of any recall information, they are not required to fix these cars before they’re sold.As a car accident lawyer, the Government Accountability Office report which indicates the serious dangers facing people who unknowingly buy defective used cars is a call to action.

What should be even more shocking to Atlanta buyers is that these car dealers are not even required to inform consumers about the recall before these cars are sold.The National Highway Traffic Safety Administration does not even have the authority to order dealers to make repairs to the recalled cars, or inform consumers about the recalls before they sell the cars.

Published on: June 19, 2011

Unsafe Georgia Bus Company Ordered off the Roads for Operating under Different Name

by Robert N. Katz, Esq.

As a personal injury lawyer, I believe that the problem of “reincarnation” of bus companies after they have been shut down is one of the most serious safety issues that places passengers at risk of injury or wrongful death in accidents.A Georgia-based bus company has been shut down by the US Department of Transportation, for operating under a new name.

According to the Department of Transportation, its officers had found the bus company operating under a new name after it had earlier been shut down for unsafe operations.The company, earlier known as JCT Motor Coach, had been shut down after federal officials found several safety violations.The company then reincarnated itself under a new name, JT Travel and Charter.According to the US Department of Transportation, this company is a serious hazard to public safety.The company is under order to cease operations immediately.

According to the agency, its officers pulled over one of the company’s buses at a stop, and found so many violations, that they decided to pay the company a visit.There, they found even more violations, and decided to order the company to stop operations.According to the Department Of Transportation, some of the company’s violations included a failure to ensure that its fleet of vehicles was properly inspected, and underwent regular maintenance and repairs.The company also used medically unqualified drivers and drivers who had failed alcohol and drug tests.Besides, JCT Motor Coach had also been cited for not complying with the federal Hours of Work requirement for bus drivers.The company had also falsified vehicle maintenance records.