Car Accidents

Published on: July 15, 2011

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

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.

Published on: June 18, 2011

More Funding Needed to Prevent Georgia Bus Accidents

by Robert N. Katz, Esq.

Bus safety in the United States is a major concern, and unless the federal agency in charge of bus safety receives the funds it needs to conduct inspections, Atlanta bus accident attorneys expect the number of bus accidents around the country to increase. An increase in bus accidents will result in a substantial increase in wrongful deaths and serious personal injuries.The Federal Motor Carrier Safety Administration chief is calling on lawmakers to earmark more funds for the agency to conduct inspections and carry out a number of other bus safety initiatives.

Currently, the agency lacks sufficient personnel to conduct inspections of the long-distance bus industry in the country.According to Ferro, who was speaking before a congressional hearing, what her agency would like to do is inspect every long-distance bus at least once every year.She would also like for inspectors to conduct surprise safety checks.For that, the agency needs more funding and more personnel.

Ferro also wants the current DOT fee for bus operators to be hiked from its current $300.She also wants to increase the fine for bus safety violations from $2,000 currently, to $25,000. The hearing was attended by representatives of the bus industry.These groups are not likely to embrace any of these proposals with open arms.

Published on: June 17, 2011

Women Involved in More Two Vehicle Car Accidents Than Men

by Robert N. Katz, Esq.

An analysis of auto accidents involving both genders over a period of 20 years has found that female drivers are more likely to be involved in car accidents with other female motorists than men. As an Atlanta car accident lawyer I have not noticed that this has occurred and believe that the study is likely in error. There is no logical reason to expect to see this differential.

The study was conducted by researchers at the University Of Michigan’s Transportation Research Institute, and analyzed car accident data involving two-vehicle auto accidents between 1988 and 2007.The accidents occurred when the drivers involved were traveling for personal reasons.Men travel approximately 50% of the time for such personal travel, and women travel about 40% of the time.The researchers therefore, expected a higher rate of overall accidents involving men.They expected about 36% of accidents to involve men, and less than 60% of the accidents to involve women.

What they found however, was that women were more likely to be involved in two-vehicle accidents with female motorists.There was a higher rate of such accidents in situations like sideswiping, head-on collisions, crossing another vehicle’s path and turning in front of another vehicle.When both motorists were female, the frequency of accidents increased by as much as 50%.Further, women were much more likely to be involved in sideswiping accidents with another female driver, with a 52% increased frequency of such accidents.

Published on: June 12, 2011

Lack of Street Planning Exposes Atlanta Elders to Pedestrian Accidents, Injuries

by Robert N. Katz, Esq.

Elderly pedestrians account for just 13% of the American population, but comprise 22% of all pedestrian accident deaths here.It doesn’t take an Atlanta pedestrian accident lawyerto understand that these pedestrians are simply at a higher risk of being fatally injured in accidents.However, the situation could get worse.As the nation’s baby boomers step into their mid-60s, transportation safety advocates expect these pedestrian safety problems to explode.

Not only are seniors living much longer, but they are also living healthier lives.A 65-year-old American today probably lives independently, and walks a lot for leisure for health.Unfortunately, these persons are likely walking on streets that have not been designed with their safest interests in mind.

Many of the streets were designed decades ago, when there were fewer numbers of pedestrians on the street, let alone elderly pedestrians.In those days, streets were designed for automobiles only.An elderly person is slower than most people for who our crosswalks were designed.That’s a fact of life, and street planning has not taken this into consideration.

Published on: June 10, 2011

Motorcycle Accident Causes the Death of a Police Officer

by Robert N. Katz, Esq.

An off-duty police sergeant in Centreville, Houston County, Georgia was killed in a motorcycle accident last week.According to news reports, the 45-year-old Police Sgt. was riding his motorcycle when he collided with a car at an intersection.He was seriously injured, and died of his injuries. As an Atlanta motorcycle accident lawyer, I see the dangers motorcycle riders face every day. Unfortunately, too many drivers just fail to keep a close eye out for motorcycles.

Motorcyclists in Georgia are at a greater risk of collisions with motorists this summer, when more numbers of drivers and motorcyclists can be expected to share the road.Not only are motorcyclists dealing with a large population of adult drivers on their way to holidays distracted by their families and their holiday plans, but they are also sharing the highways with larger numbers of teen drivers.

Summer is when the total number of teenage drivers on the road is higher, and the months of June, July and August see 40% more driving by those teen motorists.These are inexperienced drivers, who may fail to practice basic motorcycle safety behaviors, like looking out for motorcyclists at intersections.This accident illustrates how necessary it is for motorists to be extra cautious when approaching an intersection, and look out for motorcycles.Many young and teen drivers tend to think of summer as a long, extended weekend, and fail to prioritize traffic safety rules.

Published on: June 8, 2011

Bus Accident Causes Deaths, Injuries; Underscores Need for More Safety Reforms

by Robert N. Katz, Esq.

A bus accident in Virginia that killed four people would not have occurred if the Federal Motor Carrier Safety Administration had put the bus company out of service for repeated violations.The agency failed to do so, allowing the bus company to operate for a few more days while it appealed. Just a few days later, the bus crashed on a Virginia highway, killing four people and injuring 53 passengers.This is an indication to Atlantaaccident attorneys that the federal agency needs to seriously reconsider its procedures that allow unsafe bus companies to operate.

The federal agency had planned to put the bus company, North Carolina-based Sky Express out of service for a series of repeated violations.What the Federal Motor Carrier Safety Administration should have done was to force the company to ground all its buses immediately.It failed to do so.Instead, the agency decided to give the company an extension to appeal.This decision proved fatal for at least four passengers on a Sky Express bus that crashed just a few days later.

The bus driver in that accident told investigators later that he had been driving in a fatigued state.Now, the federal agency is being criticized for its delay in pulling Sky Express off the road.Over the past few years, the Federal Motor Carrier Safety Administration has cited Sky Express for numerous safety violations, including allowing drivers to drive more than 10 hours without a break and speeding.