DUI Accidents & Dram Shop

Published on: March 20, 2015

Alcohol, Pot Involved in Half of All Accidents Involving Teens, Young Adults

Alcohol and drugs are a leading cause of death involving persons in the 18-25 age group in the United States. However, a new study indicates that alcohol and drug use may be much more prominent factors in car accidents involving teenagers and young adult motorists.

According to a new study, 50% of all deaths involving teenagers and young adults in car accidents involve the use of alcohol or marijuana. In fact, researchers who conducted the study expressed concerns that the growing wave of legalization of marijuana around the country could spell disaster for young motorist safety. These motorists are already at a higher risk of alcohol use, drug use, and other kinds of dangerous driving practices. The researchers speculate that the increasing availability of marijuana and easing of restrictions on the use of pot have not had any effect on the popularity of alcohol among these drivers.

The study found that accident victims above the age of 21 were much more likely than younger victims to be driving with a combination of marijuana and alcohol in their system. About 50.3%, of young motorists who died were either stoned or drunk at the time of their accidents. In total, 37% of the motorists tested positive for alcohol at the time of their deaths, while 5.9% tested positive for marijuana. In 7.6% of the cases, the motorists had both alcohol and marijuana in their system.

Published on: April 14, 2014

FMCSA Proposes Truck Driver Drug and Alcohol Test Database

by Robert N. Katz, Esq.

Commercial truck drivers are held to a much higher standard when it comes to driving under the influence of alcohol and drugs when compared to the average motorist. This makes sense, since the stakes are much higher when it comes to commercial semi-truck drivers. Now the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA) has proposed the establishment of a database that will contain information about driver drug and alcohol tests with the goal of preventing drivers with a substance abuse problem from slipping through the cracks and finding employment in the industry.

The FMCSA recently proposed the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse, which would function as a database containing information about controlled substance and alcohol test results of commercial truck drivers. All commercial driver license holders would be included in the database.

Under the proposal, commercial motor carriers, employers, medical review officers, substance abuse professionals, as well as third-party agencies would be required to report drug and alcohol test results to the database. These persons would also be required to submit information involving alcohol or drug test refusals, negative return-to-duty test results, adulterated and substitute drug test results as well as other kinds of data that relates to driver alcohol and drug use.Additionally, labs that provide commercial motor carriers with drug and alcohol testing services would be required to report information about testing activities and results.

Published on: April 7, 2014

What Parents Can Do to Prevent Their Teens from Driving Drunk

by Robert N. Katz, Esq.

According to the Centers For Disease Control And Prevention (CDC), a teenage motorist driving with a blood alcohol concentration of .08% is approximately 17 times more likely be involved in an accident.This is a category of motorists that research has shown to be inexperienced, more susceptible to peer pressure, and more likely to engage in risky driving.When alcohol or other intoxicants are added to the mix, the risks of an accident significantly increase.

The CDC believes that reducing the risk of teenage drunk driving accidents should not be dependent on federal, state, and local law enforcement alone, but is also the responsibility of communities, schools and parents.Recently, another new study illustrated just how strong peer pressure can be in influencing teenagers to drink and drive.The study clearly found that when high school seniors had friends in their social circle who drove intoxicated, they were much more likely to do the same.When teenagers have friends who engage in self-destructive behaviors, those same behaviors seem cool to an impressionable young adult.

If you’re the parent of a teenage motorist, it’s also important to understand that there is no such thing as social drinking for a teenage motorist.Most teenagers who drink do so to feel buzzed.Therefore, expecting teenagers to go out, drink, and yet remain sober is unrealistic.Binge drinking is far more popular among teenagers than with any other category of motorists, and teenagers are much more likely to drink irresponsibly.

Published on: March 18, 2014

Study Says Alcohol Has Increased Affect on Seniors

by Robert N. Katz, Esq.

Alcohol tends to affect different people in different ways, and younger drivers are typically believed to be at the highest at risk for destructive alcohol- related behaviors, like drunk driving accidents.However, seniors could be just as much at risk of being involved in accidents after they have consumed alcohol.What is even more dangerous about seniors and drinking is that alcohol consumption does not have to be large for it to affect many seniors’ driving abilities.According to research, even small amounts of alcohol can affect an older driver’s driving abilities, increasing his or her risk of being involved in a car accident.

The study was conducted by researchers who analyzed how drinking alcohol affects driving abilities, based on age.Persons in the age group of 25 to 35 were compared with another group which consisted of persons 55 to 70 years old.In both groups, persons consumed alcohol, but not enough for any of them to cross the maximum permissible blood-alcohol level in most states of .08%.In other words, nobody in either of these groups met the criteria for being legally intoxicated.

However, researchers found to their surprise that even when seniors drank just a few alcoholic beverages, it impacted their ability to drive safely.They monitored the driving abilities of seniors by putting them through a driving simulator, and found that even mild amounts of alcohol intoxication in seniors did affect driving abilities.

Published on: December 6, 2013

Georgia State Agencies Urge Safe Travel over Holidays

by Robert N. Katz, Esq.

The year’s busiest travel season has begun, and a number of Georgia state agencies are joining hands to educate motorists about the need to drive safely during the holidays. The Governor’s Office of Highway Safety and the Georgia State Patrol are encouraging motorists to avoid speeding and distractions, and concentrate on getting to their destination safely.

Just before Thanksgiving and New Year’s day, we see the heaviest amount of traffic on GA roadways.Not surprisingly, the accident, injury and fatality rate is also very high during these weeks. Every year, the Georgia State Patrol calls attention to the need to reduce speed, eliminate distractions at the wheel, and avoid driving under the influence of alcohol or drugs. These three factors account for a majority of all traffic accident fatalities that occur during the holiday season.

It is important to remember that many motorists over the holiday season are in a hurry to finish their shopping, meet up with friends, and take part in other activities. Many of these motorists will be driving at excessive speeds, and even if you don’t plan to drive at high speeds, know that there will be many speeding motorists on the road this holiday season. While you can’t do anything to change other motorists’ driving habits, you can increase your chances of being safe and reduce the risk of a fatal accident by making sure that you and everybody else in your car is safely buckled-up.

Published on: January 22, 2013

National Safety Organization Ranks Georgia Highways

by Robert N. Katz, Esq.

National safety organization, Advocates for Highway and Auto Safety, recently released its 2013 Roadmap of State Highway Safety Laws, which rates states on how they performed on the enactment of 15 basic traffic safety laws.The laws include everything from text messaging bans, to graduated driver’s licensing programs for teen drivers.While these types of reports don’t do much to help accident victims, our Atlanta car accident attorneys believe there is value in reviewing the results and how our state’s legislature is performing.

AHAS ranked all 50 states and the District of Colombia.The bad news seems to be that many states have regressed as far as passing important and effective highway safety laws are concerned.In 2011, 16 safety laws were passed by states, while 22 laws were passed in 2010.However, in 2012, states passed just 10 highway safety laws.

The report was based on whether states had enacted important traffic safety laws, including those related to seatbelts, booster seats, motorcycle helmets, driving requirements for teenage drivers, driving while impaired, and laws that ban texting while driving for all motorists.States were given 3 color-based ratings – green, yellow or red.Green denoted the best performance, and indicated that the state has significantly advanced towards adoption of all recommended highway safety laws.Yellow indicates a state that is working towards enacting many of these laws, but still has a lot of work to do.However, a classification of red indicates that a state is dangerously behind in the adoption of key traffic safety laws that can keep motorists safe.

Published on: November 6, 2012

Depression, Anxiety Drugs Can Increase Potential for Car Accident

by Robert N. Katz, Esq.

A recent study found that certain common prescription drugs used to treat conditions like depression, anxiety, and other mental disorders can actually increase the risk of car accidents.

According to the study, which was published in the British Journal of Clinical Pharmacology, an individual’s risk of a car accident may increase if he takes medications that are used to treat these conditions.In fact, the links between these medications and an increased risk of car accidents is strong enough for researchers to warn doctors that they should alert patients who are taking these medications not to drive after taking them.

The researchers specifically focused on on psychotropic drugs that are often used to treat depression and anxiety.These drugs can alter the way the brain functions.Ultimately, the side effects of the drug can impair the person’s ability to control a vehicle.

Published on: February 5, 2012

GOHS App to Help Prevent Drunk Driving Car Accidents in Georgia

by Robert N. Katz, Esq.

Getting home safe when you are under the influence of alcohol should be much easier for Atlanta motorists.The Georgia Governor’s Office of Highway Safety has released a smartphone app that is meant to help drivers find a sober ride home after their New Year’s celebrations. Some of the worst auto accidents seen in the office of a personal injury lawyer involve drunk drivers. Inevitably, these car accidents result in the most serious types of personal injury and very often involve a wrongful death.

The New Year’s Eve holidays typically see large numbers of serious and fatal accidents involving intoxicated motorists.The alcohol flows freely over New Year’s, and according to some statistics, more drunk driving take place during this holiday than any other holiday of the year.This year, the Georgia Governor’s Office of Highway Safety issued technology to reach out to motorists, and help them get a safe ride home.

The Governor’s Office of Highway Safety collaborated with a number of safety partners to compile a list of sober ride programs that intoxicated motorists were able to access to make sure that they reach home safe on New Year’s.The list of programs was compiled and made available as a smartphone application.The application is called Drive Sober Georgia.You can still download the application on your iPhone or Android phones.

Published on: January 17, 2012

Even As Car Accident Wrongful Deaths Drop, Increase in Pedestrian Wrongful Deaths

by Robert N. Katz, Esq.

In 2010, there was a record drop in auto accident deaths from the previous year.However, the number of people dying in pedestrian accidents actually increased.

Last year, 32,885 people died in auto accidents across the United States.That was a drop of 2.9% from 2009.These were the lowest traffic accident death numbers on record since 1949.These accident fatality numbers have declined even as the number of miles being driven by American motorists increased in 2010.In fact, there was a drop in almost all categories of car accident deaths last year, including drunk driving accidents.

However, pedestrians were not safer in 2010.Pedestrian accident deaths actually increased last year by about 4.2% from 2009.Further, the number of persons who suffered a personal injury in pedestrian accidents in the United States increased by a staggering 19 %.Overall, more than 70,000 pedestrians were injured in accidents last year.That increase is puzzling considering that it comes after 4 straight years of declining pedestrian accident death numbers in the US.

Published on: December 27, 2011

School Bus DUI Incident Underscores Bus Safety Challenges

by Robert N. Katz, Esq.

A school bus driver who was caught driving under the influence in another state underscores to Atlanta bus accident lawyers the challenges involved in keeping children safe on school buses. Importantly, school districts must be extremely diligent in hiring bus qualified drivers or they risk serious injuries to children and claims for negligent hiring and retention. A New Jersey school bus driver was arrested on charges of driving under the influence. That on its own may not have been a media- worthy event, except for the fact that it was the children on the school bus who called and informed their parents about the driver’s intoxicated behavior.

Parents received calls from their children on the bus, who noted that their driver was driving erratically and was dozing off at the wheel. The frantic parents called the school, and school authorities got in touch with the police. The driver, Carole Crockett was later arrested. She has been charged with DUI with a minor, endangering the welfare of a child, disorderly conduct and a number of other charges.

Police conducted breath tests, and found that Crockett registered at a startling .25% on the test. She is a commercial bus driver, and therefore, her maximum allowed BAC level is .04%, compared to the .08% that is allowed for other motorists. On a side note, this is one instance where Atlanta car accident lawyersare really glad that the children on the school bus happened to have their cell phones with them and used them. With a BAC concentration of .25%, it’s highly likely that this driver would have caused an accident.