In The News

Published on: March 17, 2020

FMCSA Relaxes Hours of Service Rules to Deal with Covid-19 Trucking Needs

The recent times have been unprecedented in our country. Preparations from medical to supply chain are being made across the country to meet the needs and demands of the Covid-19 pandemic.

To aid in delivering goods and supplies, the Federal Motor Carrier Safety Administration has decided to relax some of the Hours–of–Service regulations that truck drivers are required to adhere to, in order to meet the increased shipping needs caused by the Covid-19 pandemic.

Hand sanitizers, alcohol wipes, masks and other medical essentials are all in short supply in many states across the country. Panic buying, which has been seen across the country since it became clear that the Covid-19 virus outbreak would be more serious than we believed, has meant many empty shelves at supermarkets and stores across the country. People are running short of basic essentials, including even food items in many areas.

Published on: February 9, 2020

Georgia DOT Offers Motorcycle Safety Programs

by Robert N. Katz, Esq.

The year’s busiest motorcycling season is just around the corner, and the Georgia Department of Transportation is taking steps to ensure that residents of the metro Atlanta region and around the state stay safe on the streets.

The Georgia Department of Transportation recently reminded Atlanta residents about its motorcycle safety training courses for residents. The announcement was made via an official press release which states that the agency is offering special programs for beginner riders, as well experienced riders who could use a refresher course for their skills.

One course is especially designed for beginner riders. The program will target not just motorcyclists, but also persons riding mopeds and scooters. The program called the BasicRider course is especially suitable for persons who are new to riding on two wheels, one of the most risky forms of traveling on the roads. Motorcycling is a thrilling activity, but it’s also one of the most dangerous and risky. Beginner motorcyclists who take to the streets on their brand new set of wheels, without having undergone a basic rider safety training program are at a higher risk of being involved in a serious or potentially fatal accident. The BasicRider program aims to equip novice or amateur riders with the skills and training they need to safely navigate Atlanta’s busy streets. The BasicRider program also includes free motorcycles and helmets provided to students.

Published on: October 1, 2019

DeKalb County Boosts Pedestrian Safety Efforts

by Robert N. Katz, Esq.

There is no doubt that the metro-Atlanta area is growing by leaps and bounds. With that growth comes increased traffic, congestion, and unfortunately motor vehicle accidents. Some of these accidents can be deadly, especially when a pedestrian is involved.

DeKalb County is the second most dangerous county for pedestrians in Georgia, second only to Fulton County. In fact, between 2014 and 2016, there were a total of 67 pedestrian accident fatalities in DeKalb County. Pedestrian deaths, during this period of time, accounted for around one- third of all traffic accident fatalities in the county.

Alarmed by these statistics, officials at DeKalb County have decided to take firm and strategic action to reduce the number of pedestrians killed in traffic accidents, and make the county roads safer for all. DeKalb County Health Board officials are discussing ways to reduce these fatalities with Georgia Governor’s Office of Highway Safety officials, as well as representatives from the DeKalb County Police Department and other concerned pedestrian safety advocates.

Published on: July 15, 2019

What You Should Know Before Hopping on that E-scooter

by Robert N. Katz, Esq.

E-scooters have taken the globe, nation and even Atlanta by storm. Since the fall of 2017, this convenient form of transportation has popped everywhere there is a need for alternate forms of mobility. But not everyone is aware of the safety risks of riding one, or how to best accommodate these riders in the urban areas.

When they first appeared on the scene, e-scooters were seen as the latest and greatest form of micro-mobility. However, now that their numbers have increased and clogged streets and sidewalks all over the globe, they are not as welcome as they once were. This is mainly due the dangers they pose not only to the riders, but to those sharing the roads and sidewalks with them.

Some cities have gone so far as to claim them a public nuisance. In a few states, there have been several lawsuits filed against e-scooter manufacturers for injuries resulting from faulty brakes and wheels, among other malfunctions. In Atlanta, a recent law was passed that prohibits e-scooter riders from riding or parking the scooters on the sidewalks. Anyone who violates these rules could face a fine of up to $1,000.

Published on: May 5, 2019

Crash Test Dummies on Ride Fall off: Amusement Park Insists Ride is Safe

by Robert N. Katz, Esq.

Few things feel more like summer than a trip to the amusement park. As schools let out all over the state of Georgia in a few weeks, thousands will flock to Six Flags, White Water or other amusement parks throughout the state, or country, for some summertime fun. And while accidents on rides at amusement parks are rare, they are not unheard of. The safety of the rides at amusement parks around the country was called into question recently when two crash test dummies flew off their seats on a roller coaster and landed several feet away.

The two dummies were being tested to check the safety of the GaleForce roller coaster at Playland’s Castaway Cove in New Jersey. The ride was putting the dummies though a routine safety check, when the dummies, that were supposed to be securely restrained in their seats, flew off the ride midway and crashed into the roof of a nearby hotel. Fortunately, there were no injuries reported to the people at the hotel, although there was significant damage to the roof of the building.

According to amusement park officials, the fact that the crash test dummies flew off the ride is no cause for alarm. They insist that the ride is safe, and has been safe ever since it was launched. They say that there was no failure of operation or machinery, and that this incident was a result of the dummies not being used properly on the ride.

Published on: September 7, 2017

Benefits of Oxygen Therapy for Brain Injury Patients

by Robert N. Katz, Esq.

For years now, proponents of hyperbaric oxygen therapy have claimed the therapy can significantly help reduce the risk of long-term brain damage in persons who have suffered a brain injury. Recently, a case study of a brain-damaged three-year-old child who recovered significantly after being administered the therapy offered support for these claims. The hope is that the approach described in the case study will help other individuals who have suffered a severe brain injury. These types of injuries are common in motorcycle accidents as well as any collision which occurs when vehicles are traveling at a high rate of speed.

Claims of the benefits of hyperbaric oxygen therapy have been met with skepticism for many years, because its proponents have found it difficult to explain exactly why the treatment works in helping reduce brain damage after an injury. When these claims arise in litigation, the experts are often challenges under Daubert, a federal case that has nationally redefined when expert testimony is admissible or should be excluded. However, a number of recent studies have found that even a single session of hyperbaric oxygen therapy can significantly impact tissue recovery rates in a person with brain damage. Each session of hyperbaric oxygen therapy reduces cell death and inflammation, and boosts recovery, cell growth and repair rates. That can be seen in the rate of recovery of persons with brain damage. These studies may alter the admissibility of expert testimony since Daubert requires general scientific acceptance of principles to which an expert is testifying in court.

Experts point specifically to a recent case involving a three-year-old child who was found unconscious and unresponsive in her family swimming pool. The child had been deprived of oxygen for several minutes, and had suffered significant brain damage. There were signs of brain shrinkage, and loss of gray matter. Around two months after the injury, the child was administered hyperbaric oxygen therapy, and her doctors and parents noticed an improvement within 10 sessions of the therapy.

Published on: January 26, 2017

Missing Accident Data Impedes Ability to Prevent School bus Accidents

by Robert N. Katz, Esq.

The horrifying fatal school bus accident in Chattanooga in November that killed five children has highlighted the frailties in the system that make it difficult to track accidents and take steps to effectively prevent similar deadly crashes.

In November, a bus left Woodmore Elementary School with approximately 37 students on board, crashed into a tree, and flipped over. Six children were killed, and several others injured, including six who were injured seriously enough to be rushed to the intensive care unit. The driver of the bus was arrested on charges of vehicle homicide. At least one of the children on the bus was a kindergartner.

According to the Georgia Department of Transportation (GDOT), this year alone, there have been at least 700 accidents involving metro Atlanta school buses, or approximately 2 crashes a day. However, that data may be incomplete. Officials admit that the database lacks data on many accidents, and this makes it difficult for officials to track accident rates, pinpoint causes, and take steps to eliminate these accidents. Those steps include retraining school drivers, strengthening training and safety standards, and identifying accident trends in particular areas. Better accident data could also help identify dangerous drivers, who can then be removed from the system.

Published on: August 21, 2014

Atlanta Is One of the Most Dangerous Areas for Pedestrians

by Robert N. Katz, Esq.

Atlanta has once again received the dubious distinction of being one of the most dangerous and risky cities for pedestrians in the United States. This recent designation came via the Dangerous by Design report, which spotlights cities that pose the highest risk of injuries and accidents to pedestrians.

The report is compiled by Smart Growth America, which formulated a Pedestrian Danger Index measure for all major cities in the country. When cities and states were compared, Florida was found to be the most dangerous state, while Orlando was found to be the most dangerous city for pedestrians in the country.

The Atlanta-Sandy Springs-Marietta region comes in at number eight on the list, with 839 fatalities occurring between 2003 and 2012. The region had a Pedestrian Danger Index of 119.4. Atlanta fared quite well, however, when compared to Orlando’s 244.3 Pedestrian Danger Index. But the rating clearly indicates that there are a lot of changes needed to help keep pedestrians safer in our city.

Published on: October 25, 2011

Georgia Medical Malpractice Caps Affect Patient Rights to Compensation

by Robert N. Katz, Esq.

A congressional committee, which has been convened to look at ways to trim the federal budget and reduce budget deficits, has been hearing from physician lobby groups and other representatives of the healthcare industry.According to these people, healthcare costs can be reduced by limiting damages available to patients through medical malpractice lawsuits.As any Atlanta medical malpractice lawyer will tell you, nothing could be further from the truth.Opponents of medical malpractice caps and Atlanta medical practice lawyers know that this is an old trick – raising financial concerns during these troubled economic times in order to limit patient rights to compensation after being seriously injured by medical negligence.

Medical malpractice lawsuits are an essential part of policing the conduct of doctors and other medical professionals. Just as with anyone else in our society, each medical professional should be responsible for their own conduct in causing a personal injury or wrongful death. Further, the presence of such claims forces physicians and other medical professionals to make certain they are both aware of and adhere to appropriate standards of care. In reality, approximately 5% of the physicians commit approximately 90% of the medical errors which occur. However, the medical professional has refused to revoke the medical licenses of medical doctors who are consistently negligent in their care of patients.

The Joint Select Committee on Deficit Reduction has been considering ways to reduce budget deficits, and will be considering healthcare cutbacks as part of those measures.A number of consumer safety groups, including the Alliance for Justice, Center for Justice and Democracy, Consumer Action, Consumer Watchdog, Consumers Union, Patient Safety America, Public Citizen, and Texas Watch have written a letter to the Joint Select Committee on Deficit Reduction.

Published on: March 21, 2009

Georgia Governor Purdue’s Tort Reform Express Losing Steam?

by Robert N. Katz, Esq.

It looks like Governor Sonny Purdue’s plans for tort reform in Georgia have hit the speed breakers sooner than he had anticipated.On March 10^th, the senate approved a substantially tamer version of a bill that would have made plaintiffs pay in the case of a losing lawsuit. The original bill had language approved by Governor Purdue, and would have made the state only the second in the country to make plaintiffs responsible for defendant’s legal fees if a lawsuit was dismissed in the early stages. That “loser pays” language has fortunately been deleted from the bill that has now been approved.

It’s not just the removal of the “loser pays” clause from his pet bill that must be giving the honorable governor heartburn.Earlier in 2009, another tort reform bill, this one too a pet project of Mr. Purdue died an early death in the Senate Economic Development Committee.This one related to the granting of civil lawsuit immunity to biotechnology companies who set up shop in Georgia.The governor announced at a meeting of the Georgia Chamber of Commerce earlier this year that biotechnology companies who wanted to invest in the state would be granted civil immunity from lawsuits in the event of an injury, if their products had been approved by the Food and Drug Administration.That bill, which had been soundly criticized by citizens’ justice advocates and Georgia personal injury attorneys as being detrimental to consumer interests, seems well and truly dead, and deservedly so.To contemplate removing citizens’ rights to justice and compensation in the event of an injury caused by a pharmaceutical drug or product simply because the drug has FDA approval, is a line of thinking that has just been quashed by the Supreme Court in its recent Wyeth vs. Levine verdict.

Purdue’s insistence that such immunity would open the doors of investment and prosperity to Georgians also rings hollow when you consider that Michigan, which is currently the only state that has such civil lawsuit immunity for pharmaceutical companies, has seen both civil justice and pharmaceutical investment fly out the window, since the bill was passed in that state.To pass a bill like the immunity bill that Purdue was touting, and that too during a recession when citizens need more protection from powerful interests than ever before, would have been a mockery of citizens’ rights.